Legal Question in Family Law in Indiana

Childs father filed for paternity

My Childs father filed for a Verified Petition To Establish Paternity in the county were he lives which is 200 miles from were we live. My child has never lived in that county nor have I. Can I file in the county we live in so I do not have to go there. We were never married. He lived with me in my county for 2 mos. before he left us to move back home. What are my next steps.


Asked on 12/13/06, 6:42 pm

2 Answers from Attorneys

Re: Childs father filed for paternity

Hmmmmmmmmmm, how long has he lived in the county where he filed since living with you?

Has he changed his address on his drivers license?

If his residence is truly in the county where he filed, you can only have the case transferred if you can show that there is a bias and you can not get a fair trial there. That ican be difficult to prove.

However, if there is a way of showing doubt as to whether he has a residence there, you can file locally and move to dismiss the case in the county where he lives by arguing that he has not established residence there.

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Answered on 12/13/06, 9:08 pm
Voyle A. Glover Attorney at Law

Re: Childs father filed for paternity

1. He can file such a petition there

but you can file for custody, visitation and paternity here. Proper venue is where the child is living.

2. You should file up here in order to establish the jurisdiction as being in this county. You could appear there for the purpose of transferring venue to here in order to decide the issues, but it probably would be simpler to just file here and ask for the court here to assume jurisdiction.

3. Paternity testing can still be done down there.

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Answered on 12/13/06, 9:52 pm


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