Legal Question in Family Law in Indiana
Rights for Non-Custodial Parent - Child Born Out of Wedlock
Need information on rights for non-custodial parent with child born out of wedlock.
Child is 4 months.
Was told by attorney during consultation that an attorney can not do anything for me because child is an ''illegitamate'' child and ncp basically has no rights. That ncp should accept whatever cp offers.
Aware of suggested visitation guidelines but need to know if possible to deviate from those.
Specifically, does a ncp ''have'' to visit child at cp home for first year?
Need steps for having child's last name changed if cp is against having it changed.
Any advice or suggestions much appreciated!
2 Answers from Attorneys
Re: Rights for Non-Custodial Parent - Child Born Out of Wedlock
I don't know who you were talking to. That advice is outrageous. You need to hire an EXPERIENCED FAMILY LAW ATTORNEY. The guidelines are only minimim guidelines and if you can establish parenting skills and a safe environment for the child a court has the discretion to deviate.
Re: Rights for Non-Custodial Parent - Child Born Out of Wedlock
I may not be quite so harsh as Mr. Padove but your advice was definitely odd.
As for the name issue, I suggest you read this case: http://www.in.gov/judiciary/opinions/previous/archive/12210402.par.html
You say you are aware of Indiana's Parenting Time Guidelines but since you ask if deviations are possible, I presume that you have not read them. They can be found online here: http://www.in.gov/judiciary/rules/parenting/index.html
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