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Asked in Child Custody for Indiana

Q: Married when baby was born. She didn't put father on birth certificate against his wishes. Got a divorce a month after

baby was born. Then she gave her rights up to her mother against his wishes.....now she lives 2 hours away and will only let him seed her if he comes down. She tried saying that he raped her while she was pregnant. He didn't. they been together 10 years.

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1 Lawyer Answer
James A Hanson
James A Hanson
Answered
  • Divorce Lawyer
  • Fort Wayne, IN
  • Licensed in Indiana

A: The question is a bit confusing. Here is what I think will help.

First, the divorce decree needs to be checked to see if the court presumed the husband to be the father. If she was divorced just a month after birth, then it is likely the divorce decree either has language acknowledging husband as father or has language stating that husband is not father. That is an important first step.

Second, for the biological father to assert his rights, he will need to file a Juvenile Paternity (JP) case and have his paternity established with a DNA test (since he is not on the birth certificate or on a paternity affidavit). Once biological father is established as the father, then the court can award parenting time and child support.

You may have a problem with jurisdiction. If the child has been living outside Indiana for more than six (6) months, you might have problems filing a JP case in Indiana. You will want to discuss this with a family law attorney to be sure you can establish jurisdiction in Indiana.

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