Legal Question in Family Law in Indiana

Re: what rights do i have?

If the mother seeks to establish paternity in Indiana, you will begin one of the most difficult roads to having input in the raising of a child that can be found today. Essentially the Uniform child custody and support laws result in the State of Indiana sending the case to a Texas Court which has jurisdiction over you for the purpose of allowing you to challenge paternity and for the purpose of establishing a support order against you. Because the child and mother at the time this litigation occurs are not residents of Texas, Texas courts cannot order visitation for you. You would, however, have the right to participate in a paternity proceeding in Indiana to establish both custody and visitation. This would mean you would have to come to Indiana for at least 2 hearings. It is unlikely that Indiana would permit you to take the child to Texas as an infant until and unless there were significant contact between you and the child. Indiana will allow a parent to file the paternity suit prior to the birth of a child, but will then merely put the matter on hold until the birth occurs. Frequently due to the cost and distance involved, either the Legal Aid Society or the Legal Services Organization in the county where mother resides will assist you.

Re: what rights do i have?

She has to live in Indiana for awhile before she can be considered a resident of that state. (For example, to be a Texas resident you must live in Texas for 6 months and be in the same county for 90 days.) I don't know how long Indiana law requires. You will need to talk to an Indiana attorney.

Once the child is born, you can ask to establish paternity. Indiana will probably have jurisdiction. If Indiana has jurisdiction, then you will need an Indiana attorney. You could file the paternity case where you live, but she will probably try to have it moved to Indiana.

In order to have visitation, you must establish that you are the father. You will need court-ordered visitation to insure that you get to see your child.

If you need help in the Houston, Texas area, please feel free to call my office at 713-847-6000.

You can check out my website at www.familylaw4u.com

Good luck!

Fran Brochstein