Legal Question in Family Law in Indiana

Establishing Paternity / Affidavit

A man got a woman pregnant outside marriage, believed the child to be his, and signed a paternity affidavit. However, now he has reason to believe he is not the father. The child is 19 months old and no legal action has been taken. However, she has recently petitioned for child support. The mother states that the child is likely to be adopted by another man as well. What should he do? Is he able to request establishment of paternity? Will the judge be in favor of signing away rights?


Asked on 10/26/08, 1:08 pm

1 Answer from Attorneys

Re: Establishing Paternity / Affidavit

IC 16-37-2 sets forth the requirements for setting aside a paternity affidavit by the affiant. Basically, unless there was fraud or duress, an action to set aside the affidavit must be field in court within 60 days. However, the point is moot, if the child is adopted, then there will be no child support and you will lose all rights as well as obligations.

Read more
Answered on 10/26/08, 6:32 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana