Question:

My fiancée and I have had a son together and he carries my last name. Now, she wants to leave me and go out of state to live with her friends, taking our son with her. I work fulltime and she has not had a job for over a year now. What rights do I have as a father to get custody or to keep her from jumping state with our son? I have family in the area that is willing to help me take care of him and raise him.  I’m afraid that all she has are her online friends which makes me a nervous.

Answer:

It would be best to consult an attorney in your jurisdiction for obtaining the specific plans of action that you can pursue regarding your matter.  Some states require an unmarried father to be declared the father via a paternity action.  This would give you an avenue to court to seek an order requiring the child to remain in your state.  However, this is a state-specific situation and is not applicable to all states.

Erik H. Carter is a Senior Attorney of the Cordell & Cordell, P.C. office in Indianapolis, Indiana as well as the Litigation Manager of both the Indianapolis and Pittsburgh offices. Mr. Carter has practiced since 1993 as an attorney. He is licensed in Illinois, Indiana, Pennsylvania as well as the Northern District of Indiana and the Southern District of Indiana.