Legal Question in Family Law in Indiana

Is there any way to find out if her father established paternity? If there was a signed affidavit? Yes his name is on the birth certificate, a lawyer advised me yesterday just because the name is on the certificate it does not necessarily mean paternity has been established. The reason I am asking is because, I asked my daughters school not to release her or any of her information to father. I was told unless I had a court order stating differently that he had all rights to remove her from school and have access to her records. We were never married, and have never went to court


Asked on 12/14/11, 11:05 am

1 Answer from Attorneys

Jay Rigdon Rockhill Pinnick LLP

The father's name on the birth certificate DOES establish paternity. That paternity finding can be overcome by a subseuqent court order. You would have to have a petition filed against the actual father and obtain a DNA testing showing that the current father is not biologically the father. You also have to consider the very detrimental effect this could have on your child.

His potential involvement in your child's life began at the moment you conceived a child with him, and that can sometimes be difficult for people to accept.

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Answered on 12/14/11, 1:24 pm


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