My son lives in AR and his mother wants to let him come stay with me for the summer. I was wondering if there is any legal paperwork that has to be filed before he can come up here to IN. There has been no paternity established no child support orde ...

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My son lives in AR and his mother wants to let him come stay with me for the summer. I was wondering if there is any legal paperwork that has to be filed before he can come up here to IN. There has been no paternity established no child support order, or custody papers. Is there anything that needs to be done if its just for summer vaction?

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DakotaLegal's picture

 

 
 
One of the problems with starting the legal process is that it can turn a friendly situation into something confrontational, and build up ill will. That’s why any advice you get, about changing the way visitations have been done, has to be based completely on what you really know. Having said that, the following tips, suggestions, and facts are meant to add to your stockpile of information. Here, for example, is a typical visitation order : http://www.familiesintransition.com/fit/FORMS/PDF/VISITATION_ORDER.pdf.The following points also start with an assumption that you’re pretty happy with how things have been, and that you’d like to keep them that way. This is based on your saying is there “(A)nything that needs to be done?” That’s hard to answer, for several reasons: it’s hard to say if your son’s mother has any specific plans for long term care, or some undesirable motive for sending your son with you for the summer. There may be reason (or not) to question paternity. There may be important facts about what obligations you have taken on (support payments, insurance, education).
 
This general advice starts with answering your question with a question: what are the odds of things going wrong? So let’s look, not necessarily at what you described as “needing” to be done, but what could occur to leave you—really, you and your son— in a difficult situation. There are three general problem areas: distance, financial obligations, and family structure. To some degree, each of the following areas can be written down or worked out. The detail depends on how comfortable you are with the mother, and how she handles these kinds of discussions. Obviously, you don’t want to lose the visitation because of seeming overly “legalistic.” You might even feel you need to get a long summer visit done this first time and work on details gradually.
 
Distance
 
There’s a potential for conflict between Indiana and Arkansas laws. The general rule is that wherever the child “resides” is the place of a courts jurisdiction. For example, if you decided to keep the boy, it would likely turn out that Arkansas law would apply. On the other hand, if you filed for custody and enrolled him in school based on neglect or abuse in Arkansas, the Indiana court might be reluctant to send him back since the court has what’s called “physical jurisdiction.” I’d suggest comparing the two states’ laws on custody…http://family.findlaw.com/child-custody/child-custody-and-visitation-information-by-state.html.
 
Financial Obligations
 
Being able to consent to medical care is the biggest obvious risk. Here’s a consent to treatment form, used in Indiana… http://www.indiana.edu/~cpartner/programs/resources/2007%20precollege%20medical%20consent%20form.pdf . Under some circumstances, a minor is allowed under Indiana law to consent to their own medical care.
 
You do not want to have to have difficulty getting permission from the mother for any needed medical care. What’s interesting here is that you may or may not, at this time, have a good idea about your son’s existing medical care or conditions. Frankly, I’d bring him in for a “baseline” medical check-up…this might help protect you and your son against any possible, later allegations of neglect. Obviously, you don’t need to tell the boy’s mother that part of your motive is to protect yourself against her possible neglect. But, frankly, that should be part of your thinking. Don’t be willing to take on her mistakes. If you feel you need legal representation, but can’t afford it, you might either the state court project http://www.in.gov/judiciary/admin/2408.htm or legal aid, with offices throughout Indiana: http://www.indianajustice.org/Home/PublicWeb.
 
Have you and the mother discussed who pays for what, and who makes the travel arrangements?
 
Family Structure
 
The age of your son is a big part of the puzzle. Generally, once kids reach 12, they begin to receive quite a few rights to give their opinions.
 
Are there going to be issues or conflicts between your son and your Indiana household? Knowing what his typical routine is, what his preferences are, and how this may mesh or conflict is a good idea. It’s not clear how much time you have spent together in the past.  If you have a wife, you may want to visit a trusted friend, together and separately, to have a discussion or two about what the summer will be like. You’ll want to have some awareness of not creating any conflicts with the re-adjustments your son will feel, both in arriving and then departing.
 
One thing many people forget about, especially when they don’t live in the same house full-time, is having a Will. In your case, you also need clear instructions about what happens if something happens to your son while he’s visiting. With no custody arrangements, it would be a potential catastrophe if your son’s mother has made no declaration of where the boy would go if she became unable to care for him.
 
The bottom line? To borrow the phrase of a famous President: “Trust, but verify.”
 

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DakotaLegal's picture

 

 
 
One of the problems with starting the legal process is that it can turn a friendly situation into something confrontational, and build up ill will. That’s why any advice you get, about changing the way visitations have been done, has to be based completely on what you really know. Having said that, the following tips, suggestions, and facts are meant to add to your stockpile of information. Here, for example, is a typical visitation order : http://www.familiesintransition.com/fit/FORMS/PDF/VISITATION_ORDER.pdf.The following points also start with an assumption that you’re pretty happy with how things have been, and that you’d like to keep them that way. This is based on your saying is there “(A)nything that needs to be done?” That’s hard to answer, for several reasons: it’s hard to say if your son’s mother has any specific plans for long term care, or some undesirable motive for sending your son with you for the summer. There may be reason (or not) to question paternity. There may be important facts about what obligations you have taken on (support payments, insurance, education).
 
This general advice starts with answering your question with a question: what are the odds of things going wrong? So let’s look, not necessarily at what you described as “needing” to be done, but what could occur to leave you—really, you and your son— in a difficult situation. There are three general problem areas: distance, financial obligations, and family structure. To some degree, each of the following areas can be written down or worked out. The detail depends on how comfortable you are with the mother, and how she handles these kinds of discussions. Obviously, you don’t want to lose the visitation because of seeming overly “legalistic.” You might even feel you need to get a long summer visit done this first time and work on details gradually.
 
Distance
 
There’s a potential for conflict between Indiana and Arkansas laws. The general rule is that wherever the child “resides” is the place of a courts jurisdiction. For example, if you decided to keep the boy, it would likely turn out that Arkansas law would apply. On the other hand, if you filed for custody and enrolled him in school based on neglect or abuse in Arkansas, the Indiana court might be reluctant to send him back since the court has what’s called “physical jurisdiction.” I’d suggest comparing the two states’ laws on custody…http://family.findlaw.com/child-custody/child-custody-and-visitation-information-by-state.html.
 
Financial Obligations
 
Being able to consent to medical care is the biggest obvious risk. Here’s a consent to treatment form, used in Indiana… http://www.indiana.edu/~cpartner/programs/resources/2007%20precollege%20medical%20consent%20form.pdf . Under some circumstances, a minor is allowed under Indiana law to consent to their own medical care.
 
You do not want to have to have difficulty getting permission from the mother for any needed medical care. What’s interesting here is that you may or may not, at this time, have a good idea about your son’s existing medical care or conditions. Frankly, I’d bring him in for a “baseline” medical check-up…this might help protect you and your son against any possible, later allegations of neglect. Obviously, you don’t need to tell the boy’s mother that part of your motive is to protect yourself against her possible neglect. But, frankly, that should be part of your thinking. Don’t be willing to take on her mistakes. If you feel you need legal representation, but can’t afford it, you might either the state court project http://www.in.gov/judiciary/admin/2408.htm or legal aid, with offices throughout Indiana: http://www.indianajustice.org/Home/PublicWeb.
 
Have you and the mother discussed who pays for what, and who makes the travel arrangements?
 
Family Structure
 
The age of your son is a big part of the puzzle. Generally, once kids reach 12, they begin to receive quite a few rights to give their opinions.
 
Are there going to be issues or conflicts between your son and your Indiana household? Knowing what his typical routine is, what his preferences are, and how this may mesh or conflict is a good idea. It’s not clear how much time you have spent together in the past.  If you have a wife, you may want to visit a trusted friend, together and separately, to have a discussion or two about what the summer will be like. You’ll want to have some awareness of not creating any conflicts with the re-adjustments your son will feel, both in arriving and then departing.
 
One thing many people forget about, especially when they don’t live in the same house full-time, is having a Will. In your case, you also need clear instructions about what happens if something happens to your son while he’s visiting. With no custody arrangements, it would be a potential catastrophe if your son’s mother has made no declaration of where the boy would go if she became unable to care for him.
 
The bottom line? To borrow the phrase of a famous President: “Trust, but verify.”