Legal Question in Family Law in Indiana

For my daughter's sake

my daughter's father began using crack coccaine in the last year. we were living together and when i found out what was going on, we split up. she has his last name, and she and i are now living with my parents. however, i am afraid that if anything were to happen to me then her father would have custody of her. in the last seven months he has not came to see her or paid any money to support her. since we weren't married and have not pursued anything in court, do i have any grounds to have his parental rights terminated? he lives a hundred miles away and doesn't even call on a regular basis to check on her. i am really just worried that he will get custody of her should something happen to me. thank you for any help.


Asked on 7/04/04, 11:22 am

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: For my daughter's sake

If you and the father executed an affidavit at the time of the child's birth that he was the father, then he has the legal right to take the child if you should die. To prevent that, you need a will that nominates someone else to be the guardian of your child AND to get into your local paternity court to establish custody rights so that his visitation is restricted and the Court can appoint someone to be the future custodian of the child in the event of your death. Indiana law specifies that whenever visitation rights of a parent are restricted in any way for any reason an alternative custodian must be appointed by the court.

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Answered on 7/06/04, 11:43 am


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