Ohiogal, LdiJ, need advice for unmarried parent custody

[kidoday]

What is the name of your state (only U.S. law)? The states include Indiana and Michigan.

My daughter and her 16 month old living in Indiana were asked to move on 8/3 by the biological father and to be out 8/9. She had nowhere else to go but back to the state of Michigan.

She wishes to establish full legal custody, parenting time, and child support. The situation that is present is that my daughter and the baby have lived in Indiana for the preceding 6 months and my daughter must establish residency in Michigan for 6 months before filing. This is in hopes the father doesn't file first in Indiana.

Since this is an emergency that she leave the state of Indiana, and back to the state the baby was born in, are there any emergency filings my daughter can present to the courts?

Thank you in advance for your advice,

Kido

 

[LdiJ]

What is the name of your state (only U.S. law)? The states include Indiana and Michigan.

My daughter and her 16 month old living in Indiana were asked to move on 8/3 by the biological father and to be out 8/9. She had nowhere else to go but back to the state of Michigan.

She wishes to establish full legal custody, parenting time, and child support. The situation that is present is that my daughter and the baby have lived in Indiana for the preceding 6 months and my daughter must establish residency in Michigan for 6 months before filing. This is in hopes the father doesn't file first in Indiana.

Since this is an emergency that she leave the state of Indiana, and back to the state the baby was born in, are there any emergency filings my daughter can present to the courts?

Thank you in advance for your advice,

Kido

No, there really are not. In fact, technically, under Indiana law even though your daughter has custody by default because its an unwed situation (at least I assume it based on your wording) your daughter is supposed to give dad 90 days notice before moving the child out of state. Even though custody has not been established Indiana law requires her to give 90 days notice to the other parent if they have standing to file for custody.

The only "out" your daughter would have is if dad didn't sign the AOP at the hospital when the child was born, and therefore isn't on the birth certificate.

Therefore, its best that your daughter just keep things quiet until she and the child have been back in Michigan for 6 months.

 

[aardvarc]

My daughter and her 16 month old living in Indiana were asked to move on 8/3 by the biological father and to be out 8/9. She had nowhere else to go but back to the state of Michigan.

And, belaboring the obvious, when he asked her to move, did she know that she could say "um...no. I have a 16 month old child and I'm not giong anywhere with 6 days of notice"? Even the most ruthless landlord on earth has to give at least 30 days notice and then go through eviction proceedings. No different here.

 

[kidoday]

LDiJ

So you are saying she should have gone to a shelter for 90 days until she could legally move?

 

[LdiJ]

So you are saying she should have gone to a shelter for 90 days until she could legally move?

Not exactly. Under Indiana law she has to give him 90 days notice and then he has 30 days to challenge her move. If he doesn't challenge her move within that 30 days then he cannot challenge it.

 

[quincy]

If domestic violence is involved, Michigan allows for a move farther than 100 miles, for safety reasons - and will rule on the domestic violence before considering child custody.

 

[LdiJ]

If domestic violence is involved, Michigan allows for a move farther than 100 miles, for safety reasons - and will rule on the domestic violence before considering child custody.

MI doesn't have jurisdiction at this point IN does.

 

[kidoday]

He agreed to the move. Are there any "ex-parte" orders that may exist?

 

[single317dad]

If domestic violence is involved, Michigan allows for a move farther than 100 miles, for safety reasons - and will rule on the domestic violence before considering child custody.

Even better, the great state of Indiana will give the victim exclusive possession of the mutual residence in DV cases, even if the couple isn't married and the alleged perpetrator has been leasing an apartment for ten years and the victim crashed there a week ago. Unfortunately, that doesn't help OP at this time, but maybe someone in the future will find this thread.

My advice is for the daughter to establish a utility bill and get her driver's license changed ASAP.

 

[kidoday]

Even better, the great state of Indiana will give the victim exclusive possession of the mutual residence in DV cases, even if the couple isn't married and the alleged perpetrator has been leasing an apartment for ten years and the victim crashed there a week ago. Unfortunately, that doesn't help OP at this time, but maybe someone in the future will find this thread.

My advice is for the daughter to establish a utility bill and get her driver's license changed ASAP.

She has established a utility bill and is in the process of changing her drivers license.

 

[CJane]

What's the rush? Mom was in no hurry to establish custody before she "needed" to move to MI. What's the emergency?

 

[LdiJ]

He agreed to the move. Are there any "ex-parte" orders that may exist?

No, there are not...not that she can file in MI. However, if he agreed to the move then as long as he doesn't decide to lie and say he never agreed, she should be fine. Just wait out the six months.

 

[Ohiogal]

What is the name of your state (only U.S. law)? The states include Indiana and Michigan.

My daughter and her 16 month old living in Indiana were asked to move on 8/3 by the biological father and to be out 8/9. She had nowhere else to go but back to the state of Michigan.

She wishes to establish full legal custody, parenting time, and child support. The situation that is present is that my daughter and the baby have lived in Indiana for the preceding 6 months and my daughter must establish residency in Michigan for 6 months before filing. This is in hopes the father doesn't file first in Indiana.

Since this is an emergency that she leave the state of Indiana, and back to the state the baby was born in, are there any emergency filings my daughter can present to the courts?

Thank you in advance for your advice,

Kido

Nope. There are no emergency filings your daughter can present to the courts. However since there is no home state for the child at this juncture, she may be able to file prior to six months due to the exact wording of the UCCJEA.

 

[Doreen]

If the child resided in Indiana for more than six months prior to the recent move to Michigan, and one parent still resides in Indiana, then under UCCJEA Indiana is the "Home State" and has exclusive jurisdiction.

Michigan cannot become the new "Home State" and have jurisdiction unless the father moves out of Indiana OR the child has (1) resided in MI six months, and (2) no prior custody actions have been filed in Indiana.

In a bona fide emergency a non-home state can make an initial custody determination and a "temporary" custody order, but that does not take away the current Home States right to subsequently invoke its jurisdiction over the child, as long as it remains the home state under the UCCJEA rules.

 

[Zigner]

Doreen, or Ohiogal...which one is the family law attorney...hrmmmm