Legal Question in Family Law in Indiana

fathers rights

When my little boy was born four years ago I filled out A paternity affidavit at the hospital in Indianapolis A day or two after he was born because his mother and I was not married. Well four years have passed and his mother and I have always lived together but never got married. She has been on house arrest for a couple years for D.U.I.'s and violated it 2 months ago was put in jail 1 month ( I took care of our son) was released and has violated it again with new battery on a minor charges (her sister 16).I doubt she will be released this time. Well a day after being incarcerated I get a letter in the mail from A convicted drug dealer to her from the jail where he is serving time for cocaine dealing. Apparently from the letter they have been having some screwed up love affair so I am done with her needless to say. (see why i never married her). So my question is what right do I have to take my son and move out of town closer to my family and work.From what I have been reading about Indiana law by doing the paternity affidavit within 5 days of his birth I have established ''rebuttable presumption of paternity'' Is this enough to over ride what she wants done with him from her jail cell(probably wants him to live with her mom.)help!


Asked on 10/16/04, 9:43 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: fathers rights

To be on the safe side, you should file a petition in the Circuit Court in the County where you currently reside seeking custody of the child and if you are moving more than 100 miles or out of state for permission to move. Mother will be served with an order to appear and the court will have to issue a transportation order to take her to the court on the day of the hearing. It is unlikely while she is incarcerated that the court would give her custody or permit her to determine where the child will reside.

Read more
Answered on 10/18/04, 12:14 pm


Related Questions & Answers

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