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  1. #1
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    Default Establishing Paternity After a Case is Dismissed by a Judge

    My question involves paternity law for the State of: Indiana

    The biological father of my 2 1/2 year old has already been dismissed of paternity through a judge. He then went through the title 4D program to try and establish paternity and start paying child support. He is currently the legal father of my first child and has minimal visitation. He has only paid child support four times in the four years of her life. My question is, if paternity is granted through the title 4D program can he gain visitation somehow down the road with this child. He was dismissed because of the two year abandonment law. He didn't file to have paternity established until after she was already two years old. He also went to the title 4D office and somehow changed my social security number, last name (we were never married), the custodial parent (to him being so), and also told the office that a paternity affidavit was signed at the hospital (it wasn't. he was never there). Can he legally change all those things without me being there? My lawyer is currently doing research on all of this but if theres any other information I could bring to the table I would greatly appreciate it. The main reason he got dismissed in the first place was because I googled and found the abandonment law so any help would be great! Thanks

  2. #2
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    If he's allowed to establish paternity, yes he will be able to file for some form of custody/visitation.

  3. #3
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    no, he cannot legally change any of the information you noted. I would be like white on rice with those people asking by what right anything was changed by a legal stranger to you and the child.


    and also told the office that a paternity affidavit was signed at the hospital (it wasn't. he was never there).
    then his name would be on the birth certificate. Since it isn't, then he obviously didn't sign the AOP.

    The problem you have is; since he was never determined to be the legal father, he could not have abandoned a child that was not his. I do not see how a judge could dismiss paternity when it had never been established.

    If he establishes legal paternity, he will have all the rights of a legal father.

  4. #4
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    Jk - the judge dismissed the petition to establish paternity. It's splitting hairs maybe, but there is a difference.

  5. #5
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    Quote Quoting Dogmatique
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    Jk - the judge dismissed the petition to establish paternity. It's splitting hairs maybe, but there is a difference.
    I would imagine there is a huge difference. Obviously, if paternity is dismissed (terminated), if there is a valid cause, it is unlikely to be revisited by a court. The issue at hand, well, I'm not seeing a basis for it in the law.

  6. #6
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    Quote Quoting jk
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    I would imagine there is a huge difference. Obviously, if paternity is dismissed (terminated), if there is a valid cause, it is unlikely to be revisited by a court. The issue at hand, well, I'm not seeing a basis for it in the law.
    I don't think that we have all of the information. Her attorney does.

    I am not aware of any law in Indiana that disallows the establishment of paternity after a certain amount of time, UNLESS perhaps the child already has a legal father. However its clear that this guy is doing some seriously bad things.

  7. #7
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    Quote Quoting jk
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    I would imagine there is a huge difference. Obviously, if paternity is dismissed (terminated), if there is a valid cause, it is unlikely to be revisited by a court. The issue at hand, well, I'm not seeing a basis for it in the law.

    I'm not sure Mom is using the right terminology, to be honest.

    He filed a petition to establish paternity. The petition was dismissed. If it was dismissed with prejudice, then that's it, game over. If not, Dad can try to convince someone (anyone?) to take another look.


    @LL - I think this is where the confusion lies...someone is taking half of the information and running with it instead of considering the whole thing

    There IS a 2 year period - but that's not the end of it.

    http://www.lawjmh.com/2011/09/filing...ernity-lawyer/

  8. #8
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    Default Re: Establishing Paternity After Its Already Been Dismissed

    definitely not the end of it:

    IC 31-14-5-3
    Time for filing action
    Sec. 3. (a) This section does not apply to an action filed by the department or its agents under section 4 of this chapter (or IC 31-6-6.1-6(c) before its repeal).
    (b) The mother, a man alleging to be the child's father, or the department or its agents must file a paternity action not later than two (2) years after the child is born, unless:
    (1) both the mother and the alleged father waive the limitation on actions and file jointly;
    (2) support has been furnished by the alleged father or by a person acting on his behalf, either voluntarily or under an agreement with:
    (A) the mother;
    (B) a person acting on the mother's behalf; or
    (C) a person acting on the child's behalf;
    (3) the mother, the department, or the county office of family and children files a petition after the alleged father has acknowledged in writing that he is the child's biological father;
    (4) the alleged father files a petition after the mother has acknowledged in writing that he is the child's biological father;
    (5) the petitioner was incompetent at the time the child was born; or
    (6) a responding party cannot be served with summons during the two (2) year period.


    (c) If any of the conditions described in subsection (b) exist, the paternity petition must be filed not later than two (2) years after the condition described in subsection (b) ceases to exist.
    As added by P.L.1-1997, SEC.6. Amended by P.L.145-2006, SEC.223.
    so, unless the mother has acknowledged the paternity, IN WRITING (although it is not clear to whom this must be disclosed to but I suspect it is a writing that must be delivered upon the father for it to apply to him. Otherwise how would he be aware of the letter?), the time has not expired...PERIOD but only starts to run after said statement is made.


    then, in a sneaky use of the law, 31-14-5-2 allows the father to file as a "friend of the child" (essentially acting like a person with a power of attorney or guardian ad litem and filing on behalf of the child rather than as the person acting as a friend of the child) until the child turns 20.

    So, even if the father's suit was dismissed with prejudice, he could still file as a friend of the child.


    and also, if the petition was dismissed with prejudice, there are often appeals available that could allow for the dismissal to be overturned.

  9. #9
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    Default Re: Establishing Paternity After a Case is Dismissed by a Judge

    Quote Quoting londonbrit
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    He is currently the legal father of my first child and has minimal visitation.
    If he's the legal father then his paternity has already been established.
    Quote Quoting londonbrit
    ...can he gain visitation somehow down the road with this child.
    You said that he "has minimal visitation", which indicates that he already has visitation rights.

  10. #10
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    Default Re: Establishing Paternity After a Case is Dismissed by a Judge

    Quote Quoting aaron
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    If he's the legal father then his paternity has already been established.

    You said that he "has minimal visitation", which indicates that he already has visitation rights.
    I think this thread involves a different child; one that he has not been established as the father...yet. I believe the reason for the mention of the first child was simply to show the fathers lack of support and involvement with the child and as such, the basis for the OP attempting to ensure he does not establish paternity of the child without a father.

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