Legal Question in Family Law in Indiana
Fathers rights for visitation and name on birth certificate
My son, Joshua just got out of jail. While in, his baby girl was born. The Mother will allow him to see her now, however will NOT allow him to take her to meet his family. She also wants him to pay child support directly to her and not go through courts until the baby is 6 months old. He wants his name on the birth certificate. My question is, what rights does he have immediately before he can afford to hire an attorny? He has had 2 job interviews already and has only been out for 2 days. Once he gets a job, he then can afford an attorney. We need help immediatly PLEASE.
1 Answer from Attorneys
Re: Fathers rights for visitation and name on birth certificate
If they were never married, he needs to establish paternity first before he has any rights to the child as to visitation.
Then once paternity is established, he can sue for visitation and even custody, though that's a a tough one for the guy when the two parties weren't married.
He also needs to get listed on the putative father registry so that she cannot adopt out the child without his knowledge and consent.
And if she wants child support, then she needs to go to court and get it established -- at which time he also can establish paternity. Let him know that he's not going to pay a dime until then. Otherwise, he's paying her but has no basis to fight her over vistation. Make sense?
Until paternity is established, he's pretty much at her whim as far as visitation. Once visitation is established, though, he can take the child to see whomever he wants -- that's his call, not hers -- unless there is a court order saying the child can't see someone because of danger to the child.
The Indiana Parenting Time Guidelines will govern how/when/where and under what circumstances the visits will occur. I have copies in my office if you'd like one.
Hope this helps. Let me know if you have other questions.