Legal Question in Family Law in Indiana
Legal Custody to Mother if not married to Father of Child
My daughter and the father of her son were never married. She is seeking sole custody.
First of all isn't this automatic, because they were never married? She is seeking child support, so he in turn would get parental rights. This is going on for over a year. Please help me understand why it takes so long and what it involves. New lawyer perhaps?
2 Answers from Attorneys
Re: Legal Custody to Mother if not married to Father of Child
From your description of the case, I have no idea of why it should be taking a year. It seems your daughter has an attorney and that question ought to be directed to him.
If father is seeking custody - that could be a cause for delay.
If the court docket is swamped - that causes delay.
Re: Legal Custody to Mother if not married to Father of Child
Once a paternity case is filed, either party can seek custody. The factfinding process to determine what is in the best interest of the child can be lengthy. I suggest that your daughter ask the attorney why it has taken as long as it has. If the attorney won't answer, then it is time to change.
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