Legal Question in Family Law in Indiana
Putative Father Registry...after
My 3 month old son is registered under the Putative Father Affidavit as; having no putative father and no paternity established or on file. The father lost custodial rights the day he was born because he set our apartment on fire.Against him are 2 counts of attempted murder,1 count arson resulting in serious bodily injury. Can he establish paternity and get parental rights? or is that window closed. if he establishes paternity and gets parental rights wont the be terminated because hes incarcerated and hurt the childs mother?
3 Answers from Attorneys
Re: Putative Father Registry...after
Technically, he can establish paternity and seek parental rights. If the arson or murder was witnessed by the child the following statute applies:
IC 31-17-2-8.3
Supervised parenting time; crime involving domestic or family violence
Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.
(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:
(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
(2) until the child becomes emancipated;
whichever occurs first.
Re: Putative Father Registry...after
Technically, he can establish paternity and seek parental rights. If the arson or murder was witnessed by the child the following statute applies:
IC 31-17-2-8.3
Supervised parenting time; crime involving domestic or family violence
Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.
(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:
(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
(2) until the child becomes emancipated;
whichever occurs first.
Re: Putative Father Registry...after
Technically, he can establish paternity and seek parental rights. If the arson or murder was witnessed by the child the following statute applies:
IC 31-17-2-8.3
Supervised parenting time; crime involving domestic or family violence
Sec. 8.3. (a) This section applies if a court finds that a noncustodial parent has been convicted of a crime involving domestic or family violence that was witnessed or heard by the noncustodial parent's child.
(b) There is created a rebuttable presumption that the court shall order that the noncustodial parent's parenting time with the child must be supervised:
(1) for at least one (1) year and not more than two (2) years immediately following the crime involving domestic or family violence; or
(2) until the child becomes emancipated;
whichever occurs first.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
