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  1. #1
    Join Date
    Jan 2009
    Posts
    1

    Default Possible Paternity Just Before Divorce was Final

    My question involves paternity law for the State of: Indiana/Virginia

    I have a complicated situation and I will try to include what I deem to be the pertinent facts.

    We live in Indiana and my wife had filed for divorce. About a week before the final hearing we had a weekend of 'getting divorced' sex. Precautions were taken on my part but of course nothing is 100%. A month after the divorce she was remarried (she knew him for 2 weeks) then about 3 months later tells me she is pregnant. Chances are that it is mine. The man she married has serious mental issues and abused her so she fled to Virginia and had the baby there. She is now back in Indiana and has moved back in with her husband and is pretending that everything is fine. The baby is two months old and she will not allow me any contact with her. Her husband is listed on the birth certificate and she will not consent to a DNA test and has told me she will fight any court actions that I initiate.

    My questions are what court has jurisdiction Virginia or Indiana? Are there time limits involved in my filing for paternity?

  2. #2
    Join Date
    May 2008
    Posts
    582

    Default Re: A Complicated Situation

    Jurisdictional issues are tricky and this may be a case where you may need to speak to some lawyers. Many will give low cost/or free 1/2 hour consultations. I would call a few in each state.

    I am not an attorney, but have complicated jurisdictional issues in my situation as well. If you file any court action in the wrong place then you are spinning your wheels. It would seem that you will need to file where the child resides. Along with that you may have to be willing to allow that state to have jurisdiction over you to order support and visitation.

    I would ask about filing for a paternity suit and perhaps the court can order a dna test. If you are the father then you will be ordered to pay support. Custody and visitation are separate issues and she may fight you on that one. These are things you will need to discuss with an attorney.

    There are so many fathers out there that try to get out of their responsibility (like my son's father) that its heartening to see a father interested in knowing if a child is his. Good luck.

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