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Indiana Paternity question Indiana

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  • Indiana Paternity question Indiana

    In 1996 my girlfriend gave birth in Indiana to a child she said was mine. One week after his birth they moved to Illinois to live with me. After four years of living together, she moved out and demanded that I pay support. She allowed me visitation of one night during the week and every other weekend. After almost six years of having my rights trounced upon, I filed for joint custody to make eveything legal. A paternity test was done as the mother would not acknowledge that I was the Father. As it turns out, I am not the father. Now my visitation is limited to every other weekend with no holidays and no say in what he does whatsoever. I do not have to pay support anymore, but that does not matter. I would gladly pay support and see my son and have a say in his life. In the hospital we did sign a paternity affidavit, but my lawyer says that means nothing to the courts. Also, I am not allowed to tell my son about any of this or she will not let me see him anymore. How do I find out if a paternity action was done, as I said, we did sign a paternity affidvit and I am listed on the Birth certificate as the Father. He also bears my last name. Any suggestions?

  • #2
    Sorry

    I don't know enough about that, although, I have seen cases where almost anyone can file for visitation/custody if they have an established relationship as the guardian.

    She had you believe you were the father and if you spent quality time as such, I would sure consider you one (although the courts may not).

    Ask your lawyer about filing fraud charges against her for all of the support you did pay and for loosing the relationship with the child you were led to believe is yours. Not sure it would fly, but it may get her realizing she just can't play with people like that.

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    • #3
      Is there a COURT ORDER for visitation, or is that what she is allowing in return for your silence? If there is a court order for visitation, she cannot preempt the order. If she does, you can file for contempt.

      I guess I am not sure exactly what you are wanting.
      HOOK 'EM HORNS!!!
      How do you catch a very rare rabbit?
      (unique up on him)
      How do catch an ordinary rabbit?
      (same way)

      Comment


      • #4
        No, there never was court order. We have an "informal" agreement. Unfortunately, if I file fraud charges against her, I will lose what little visitation I have. I was just wondering if the courts would look at the fact that I have been his father for almost eleven years and order some sort of legal visitation that she could not take away. I was also trying to see if there ever was a paternity action done. We signed the paternity affidavit in Indiana, but moved to Illinois a week after his birth. Would anything be done by the courts if we were not present?

        Comment


        • #5
          Okay, so make visitation formal.

          This is why you go to court... so that she can't lead you around by the nose using your child as a weapon.

          Go to court and get your visitation...
          Not everything that makes you mad, sad or uncomfortable is legally actionable.

          I am not now nor ever was an attorney.

          Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

          Comment


          • #6
            11 years

            If you have been in this child's life for 11 years thinking you are the father and the mother led you to believe that, then some sort of limitation on time should allow you to get proper visitation. The court will see you as father in the "Child's" eyes and may give you more than the mother thinks. Although, you may also go back to paying support for that effort ( I know you said that was ok ).

            Check with a good lawyer on this one, if your current lawyer is just stating that you aren't the father, find another one.

            Comment


            • #7
              Check with a lawyer about using the argument that you are "in loco parentis". That means that, for all intents and purposes, you have acted, been treated and accepted as this child's parent. You should have legal ground to sue for visitation and MAYBE some form of custody. As you have said that you have no problem with financially supporting your son, it shouldn't come as upsetting news that if this is the case, you will be responsible for support.
              HOOK 'EM HORNS!!!
              How do you catch a very rare rabbit?
              (unique up on him)
              How do catch an ordinary rabbit?
              (same way)

              Comment

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