Legal Question in Family Law in Indiana

paternity/giving up rights

My husband recently recieved a court order for a DNA test from his ex girlfriend. The child is now 2 yrs old and she says my husband is the father. She is requesting child support and to pay for the hospital bills from the birth of the child. My question is can my husband just give up the child. He doesn't want anything to do with this child and I don't know if he has to pay support and just not have any visitatation or if he can just sighn over his rights. she is also asking that he provide insurance and pay for everything that his insurance doens't cover, co-pays, perscriptions, ect. can she do that?


Asked on 3/25/04, 12:25 pm

1 Answer from Attorneys

Mary Ann Wunder Wunder & Wunder

Re: paternity/giving up rights

There is no provision under Indiana law for a father to merely give up his rights to a child absent adoption by a step-parent or by another couple. The Court normally will not make any order for support until the paternity test results are back and presented to the Court. If the father is excluded, the case is dismissed against him. If he is not excluded, then the Court holds a hearing to determine custody, visitation and support. Support can include a weekly amount for mother to use in her budget, as well as health insurance and contribution to uninsured medical expenses. Specifically in the paternity law is a provision that a man can be ordered to pay some or all of the costs of birth of the child that insurance did not pay. Also, the court is required to enter an order for support retroactive to the date of filing of the case or birth of the child, whichever is later. Hence, by challenging paternity, as is one's right, one runs the risk that he will begin with an arrears to pay off and having his support raised from the current amount by $5 or $10 per week, in some cases more.

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Answered on 3/25/04, 1:43 pm


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