Legal Question in Family Law in Indiana
Husband just found out he has an 8 year old daughter
My Husband and I have been together for 8 years, and have been married for 4 of those years. We have 3 children, ages 4, 2, and 6 months. Two months ago, we received a paternity action by cert. mail. A lady that my husband dated for a short 3 weeks stated that he was the biological father of her 8 year old daughter. He submitted a DNA test, and it indicated that he was not excluded as the bio dad, by 99.94%. The mother met another man when she was 3 months pregnant, and the man (whom she later married and has since divorced), put his name on the birth cert., even though he knew he was not the bio dad. The mother initially wanted child support, but she now wants her daughter to live with us. According to the Judge, my husband has no rights because there is a legal father of record, who is now in jail. What needs to be done to establish paternity? Is the DNA test not enough? What if the man on the birth cert signs away his rights? Please help!! Thank you!
1 Answer from Attorneys
Re: Husband just found out he has an 8 year old daughter
Once paternity has been established, be it by DNA or birth certificate, courts are reluctant to change it. One reason is that there is a legal time limitation in which a man may seek to establish paternity. Here, the child is 8 placing it well pass that point. The court also considers the child's emotional dependency on the person know as her father not to metion the state's interest has already been served by a person who voluntarily took on fatherhood.
While you may consider filing a petition to set aside the paternity first established based on fraud, it's not likely to go far if any where at all. The more practical approach would be to consider adoption. If the natural mom is favor of it and birth certificate dad is willing to agree and waive his parental rights it may work. Then, your husband, the natural father of the child may also be recognized as the legal father by court order.This means that the current person legally known as the child's dad has no rights or obligations at all. He by such an order of the court, in effect becomes a stranger to the child.
You may then wish to approach the issue regarding change of custody with mom if that is part of the goal.
Please be advised, this takes time and money to accomplish. Consider everything and it's impact before acting.
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