Legal Question in Family Law in Indiana

name on birth certificante but not biological father, do i have rights?
My wife and I were seperated but no divorce filed, she got pregnant by another guy who in return left her. I went back to her while she was still pregnant and supported her. When the baby was born i was there and signed the birth certificate. I claimed the baby as mine and my wife agreed that in her eyes I was the dad. After I supported the mother and the child for 6 months and got all my wife's bills paid in full she decided she didn't want me around and had an affair. I found out, told her it was over between us and agreed to continue to live there until my wife could get a job and support our child. She kicked me out but i continued to support the baby for an additional 6 months and the mother still didn't get a job. She is now being evicted with no income to get another place to live. She has told me that she wants a divorce and that she is going to get a court ordered dna test to have my name removed from the birth certificate and never let me see the child again. After keeping the baby for 3 weeks out of every month for the last 6 months and being with her the first 6 months i've grown quite attached and think of her as my own. Do I have any chance of fighting this so that I can still have visitation rights?

Asked on 10/02/07, 10:31 pm

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Re: name on birth certificante but not biological father, do i have rights?

There are a number of issues at hand here. THere is a rebuttable presumption that a child born during a marriage is a product of the marriage.

There is also a defacto custodian statute that allows for unrelated thrid parties to obtain custody.

You need to obtain a lawyer asap. Good luck.

Answered on 10/03/07, 10:10 am

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