Legal Question in Family Law in Indiana

My daughter and her boyfriend have been together for 8 years. They are very happy and have a beautiful 2 year old little girl. Her boyfriend owns the house in which they live. My daughter has recently been diagnosed with cancer. I have been encouraging her to get a will. She thinks that just because her boyfriend has signed the birth certificate he would automatically assume custody of their daughter in the event of her death. Can you please advise??


Asked on 2/04/11, 3:04 am

1 Answer from Attorneys

I am saddened to hear about your daughter. You need to detemine whether he also signed a paternity affidavit at the hospital. You can confirm that he did with the Indiana Department of Health. If he did not, he needs to cotact the local health department and execute one. My recollection is that he can do so up until the child reaches emancipation.

That aside, your daughter should have a will done. It is an opportunity not only to state what she wants to have happen with her things, but also to express thougths and feelings to those she loves. Something that they can keep-her words-in addition to the material items.

She should also have at a minimum an advanced directive concerning whether she wants extraordinary measures to save her life and a healthcare power of attorney-especially if she wants her boyfriend to make medical decisions. She should be able to obtain all of those documents for about $150-$200 total. If you cannot find a local lawyer, feel free to contact me.

I wish your family well.

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Answered on 2/05/11, 5:16 am


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