Legal Question in Family Law in Indiana

unwed parent

i am an unwed parent and i have a 1 yr old son, the father is suing me for custody. i have 2 girls ages 16 and 10 and they are not by the same father as my son. the man suing me for custody hates my oldest daughter and he has served a supeona for a deposition. she has just recently been treated for depression where she spent 11 days in a hospital. now my question is this, can the opposition do this with children of all ages and even though we ahve nothing to hide, i feel she will endure a great deal of stress, neverthless she is willing. should i also hire an attorney for her. the father of my son wants to prove she is a violent person which she is not although has had problems with him due to him provoking her.


Asked on 4/14/02, 12:45 am

1 Answer from Attorneys
Dorene Philpot Philpot Law Office

Re: unwed parent

In Indiana, if you and the father of the child weren't married, then you are the PRESUMED legal and physical custodian of the child.

He can overcome that presumption by showing that he has established paternity, bonded with the child, that you are unfit and that it is in the child's best interests to be placed with you.

If you are worried that he might make you look unfit before the court, then you'd better get an attorney on board and fight this.

If you cannot afford an attorney, contact Legal Services and see if you qualify for free or reduced-cost legal aid.

It's a lot harder (and more expensive) to win on appeal than at the trial level.

Good luck to you. Sounds like a tough situation.

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Answered on 4/14/02, 8:25 am


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