Q: What are my rights if no paternity has been established, but there is a pending paternity case?
I'm married to someone who is not the child's father. Does this change anything? I relocated from Ohio to Indiana to protect myself and my daughter from his stalking and abusive behavior. I'm planning to file a protection order. He is not on her birth certificate.
A:
If there is a pending paternity action you must follow the directives of the court as far as establishing paternity to include a DNA test. You could be held in contempt if you fail to comply with a court order.
Once paternity is established you will be looking at child support and visitation once a father has been established. You being married to another person who is not the child's father does not change anything as to paternity of the child and child support and visitation for the biological parent. You can file for a protective order in your home jurisdiction where ever that is in Indiana. You may need to seek counsel to assist you with this because you will need to meet certain residency requirements should you plan on filing for divorce in Indiana versus Ohio.
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