Legal Question in Family Law in Indiana

Around 12 yrs ago I fell in love with a woman while I was still married. She became pregnant and moved away. She led me to believe that it could be mine or another man's. After she moved, she went off the radar for a few years. It wasn't until I did countless searches online before on day I found her. I drove to her house to speak with her and she became very upset at my presence and went into the house and would not answer the door. I left and by the time I got home I received a phone call from her boyfriend chewing me out for coming to her home and he informed me that the child was not mine and that it was the other man she was involved with right before me. I believe him until years later when I found out the other man involved could not have children and that left me as the potential father. It took 1 year of searching again for her and I not only found her but called her. She said that the child was mine and that she did not know that her ex boyfriend had told me that lie. I then stated that I wanted to be part of my son's life who at that time was around 12. She explained to me that she had told our son that I was not in a position to be his father and left it at that. She explained to me that until he asked again about his father, she wanted to leave the situation the way it is. I tried to reason with her and offered counseling for all of us and approach our son with caution and introduce me slowing as to not emotionally hurt him due to the lies he has been told with regards to me being in his life. I was hoping as two intelligent adults, that we could work together to get father and son reunited, but she prefers to raise him alone. Now I do not know the law and maybe she believes or knows that if I take her to court that I would have to pay $1000's of dollars in back child support along with attorney fees and if that is the case I would not try to take her to court and back away. I don't know if this is true but I believe this is why she will not try to work this out and has said to just take her to court. I want to see my son but at the same time I don't want to hurt him emotionally with a push from the courts. What can I do to let my son know that I want to be in his life now that I know he is mine? With my son being around 12, will the judge allow me custody rights and will I have to pay back child support for the last 12 years being the case that I didn�t know he was mine?


Asked on 9/27/09, 8:41 pm

1 Answer from Attorneys

You certainly could have to pay child support retroactively. At this point you are not legally the father and have no rights, so there is nothing you can do until you are legally determined to be the father. At that time, the court and all parties can try to establish what your rights will be and for how far back you will have to pay support. Good luck.

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Answered on 9/27/09, 10:14 pm


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