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View Full Version : Need some advice on CS situation in Indiana Indiana


wrx45
11-01-2006, 10:52 AM
I have a very weird situation. I will go into as little detail as possible but I apologize before hand for this long post/question(s). This all happened because of a stupid weekend fling in college.

I was called into court August 2005 to take a paternity test. The test proved that I was the father. The child was 5 years old at this time and he was born in August of 2000. The first time I heard about the child was Jan/Feb 2005.

I was ordered to pay CS by Indiana/Ohio. The mother lived in Ohio with her husband, therefore I could not get any visitation through Indiana and I do not have the money to get a lawyer and go fight in Ohio courts. Plus I wasn't and still am not sure if that would be the best thing to do for the child.

I have been paying CS since then. It has now come to my attention that the mother, that lived in Ohio with the child for 2 years, has left her husband and moved back to Indiana. When this happened the child went and lived with the grandparents until the mother could get herself back on her feet. When the mother got a job and apartment, she went to go get the child. The grandparents would not give him back. The mother called the police and they got involved. The police went to the grandparents to get the child but found that the grandparents are the PERMANENT LEGAL GAURDIANS and could not give the child back to the mother.

The mother called me about this so I was aware. I then went to the court house and got the paperwork for the legal gaudianship. I found that the grandparents were awarded Temporary Gaudianship in April of 2003 and then made permanent gaurdians in August of 2003.

The mother took the grandparents to court to get custody and legal gaurdianship back. It does not sound like she getting the child back for several reasons but not important right now. In court, the grandparents said that they do not want CS from me and that the mother can still receive the CS without having the child, they don't have a problem with that. This happened yesterday 10/31/06. A decision is supposed to be made today/tomorrow on this.

Now here is some more interesting points. This family (mother, grandparents) does not want me involved. The only reason this has come out and brought me into this is the fact that the mother saw me on a commercial for my college I graduated from. They saw what I was doing and THOUGHT I was making a lot of money. That is when they started saying I was the father but still did not come after me right away. Instead, the mother filed for medicare while in Ohio. The child was already covered by 2 insurance policies. This was the first time she gave my name to the government. So Ohio gets the ball rolling and files a motion to establish paternity and then CS through Indiana. Like I said above, this started August 2005. The mother has only had the child in her custody for 2 years (the amount of time she was married and living in Ohio). Before she was married, the child lived with the grandparents.

So I guess here are my questions.

Should I be paying CS to the mother when the grandparents have custody/permanent gaurdianship and have had this since August 2003? This sounds like a stupid question...

Should the mother have been allowed to take the child to Ohio even though grandparents have permanent gaurdianship? This might be where the reasons the grandparents were given gaurdianship come in.

Was it right for Ohio to come after me when the grandparents have legal gaurdianship of the child?

I have records where the grandparents have signed during the gaurdianship process saying that they have "made a diligent search regarding any interested persons and for relatives of the protected person." They have signed there names on several documents stating they searched for me. The fact is, they didn't search for me because they did not want me involved. The grandparents have admitted to me that they kept him from me on purpose because they didn't know what I or my family was like. Have the grandparents committed perjury/fraud by signing these docuements?

How should I go about things to stop paying CS to the mother (legally)?

If I stop paying CS to the mother, am I suppose to pay the grandparents now and how is that determined? Will the mother have to pay also? Will the grandparents have to file a motion for child support to get it?

I have never seen the child before. The child is 6 years old. I feel it is in everyones best interest to have the grandparents adopt the child. Can they be forced to adopt due to the decisions they have made or can the court terminate my parental rights so I am no longer responsible to pay CS? Bottom line is, they do not want me involved, I am not sure if I want to be involved, but they still want money from me. Does that sound right?

If it were to come to this, is it possible that the courts could give me custody of the child? Would the grandparents and mother be given visitaion rights if this occured?

Thanks in advance! I know I have a lot more questions but this should get me started.

xena
11-01-2006, 03:59 PM
I have a very weird situation. I will go into as little detail as possible but I apologize before hand for this long post/question(s). This all happened because of a stupid weekend fling in college.

I was called into court August 2005 to take a paternity test. The test proved that I was the father. The child was 5 years old at this time and he was born in August of 2000. The first time I heard about the child was Jan/Feb 2005.

I was ordered to pay CS by Indiana/Ohio. The mother lived in Ohio with her husband, therefore I could not get any visitation through Indiana and I do not have the money to get a lawyer and go fight in Ohio courts. Plus I wasn't and still am not sure if that would be the best thing to do for the child.

I have been paying CS since then. It has now come to my attention that the mother, that lived in Ohio with the child for 2 years, has left her husband and moved back to Indiana. When this happened the child went and lived with the grandparents until the mother could get herself back on her feet. When the mother got a job and apartment, she went to go get the child. The grandparents would not give him back. The mother called the police and they got involved. The police went to the grandparents to get the child but found that the grandparents are the PERMANENT LEGAL GAURDIANS and could not give the child back to the mother.

The mother called me about this so I was aware. I then went to the court house and got the paperwork for the legal gaudianship. I found that the grandparents were awarded Temporary Gaudianship in April of 2003 and then made permanent gaurdians in August of 2003.

The mother took the grandparents to court to get custody and legal gaurdianship back. It does not sound like she getting the child back for several reasons but not important right now. In court, the grandparents said that they do not want CS from me and that the mother can still receive the CS without having the child, they don't have a problem with that. This happened yesterday 10/31/06. A decision is supposed to be made today/tomorrow on this.

Now here is some more interesting points. This family (mother, grandparents) does not want me involved. The only reason this has come out and brought me into this is the fact that the mother saw me on a commercial for my college I graduated from. They saw what I was doing and THOUGHT I was making a lot of money. That is when they started saying I was the father but still did not come after me right away. Instead, the mother filed for medicare while in Ohio. The child was already covered by 2 insurance policies. This was the first time she gave my name to the government. So Ohio gets the ball rolling and files a motion to establish paternity and then CS through Indiana. Like I said above, this started August 2005. The mother has only had the child in her custody for 2 years (the amount of time she was married and living in Ohio). Before she was married, the child lived with the grandparents.

So I guess here are my questions.

Should I be paying CS to the mother when the grandparents have custody/permanent gaurdianship and have had this since August 2003? This sounds like a stupid question...

Should the mother have been allowed to take the child to Ohio even though grandparents have permanent gaurdianship? This might be where the reasons the grandparents were given gaurdianship come in.

Was it right for Ohio to come after me when the grandparents have legal gaurdianship of the child?

I have records where the grandparents have signed during the gaurdianship process saying that they have "made a diligent search regarding any interested persons and for relatives of the protected person." They have signed there names on several documents stating they searched for me. The fact is, they didn't search for me because they did not want me involved. The grandparents have admitted to me that they kept him from me on purpose because they didn't know what I or my family was like. Have the grandparents committed perjury/fraud by signing these docuements?

How should I go about things to stop paying CS to the mother (legally)?

If I stop paying CS to the mother, am I suppose to pay the grandparents now and how is that determined? Will the mother have to pay also? Will the grandparents have to file a motion for child support to get it?

I have never seen the child before. The child is 6 years old. I feel it is in everyones best interest to have the grandparents adopt the child. Can they be forced to adopt due to the decisions they have made or can the court terminate my parental rights so I am no longer responsible to pay CS? Bottom line is, they do not want me involved, I am not sure if I want to be involved, but they still want money from me. Does that sound right?

If it were to come to this, is it possible that the courts could give me custody of the child? Would the grandparents and mother be given visitaion rights if this occured?

Thanks in advance! I know I have a lot more questions but this should get me started.

First, the mother committed fraud by even getting a CS order, by claiming to be the CP when in fact the GP's were the legal guardians. In other words, the GP's had legal standing to get a CS order, but the mother did not.

It is toatlly wrong that the mother is collecting the CS, the only way to stop that is to file to modify or vacate the existing order. You'll need proof of the GP's legal guardianship, and it's possible that the court would order you to pay the GP's instead of the mother. But either way, something must be done, acyually both you and the mother should be paying CS to the GPs.

Are the GPs in your state? If so, you should also file for visitation, the court will probably order short term supervised visits to allow you and child to get to know each other, but you have every right to be a part of your child's life- no matter who doesn't like it.

I really doubt if this is a situation where you'll be allowed to voluntarily relinquish your rights, unless the GPs WANT to adopt. However, the GP's cannot be FORCED to adopt.

You really need to at least get a consult with an attorney because it's probably too complicated to do it yourself.

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