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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Custody Rights After Establishing Paternity

    My question involves a child custody case from the State of: Indiana


    I have a child with my girlfriend and we are unmarried. If something were to happen to her would I automatically get custody of my son. The reason I am saying this is because my girlfriend's dad is saying that I would need to go through the courts to establish paternity on my son. He is doing this because he obviously wants me to get into the courts for child support reasons and because he wants our son. Which Im not a dead beat and support my son 100%, but I have been disagreeing on the subject. But since I am the father obviously I would get custody if god forbid somthing happened to my fiance right?


    Sorry for the rambling.

    Thanks

    Chad

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Establishing Paternity

    You're not on the child's birth certificate? Then you should establish paternity. Unless and until you do so, you're not the child's legal father.

  3. #3

    Default Re: Establishing Paternity

    If you are on the birth certificate and you signed the affidavit of parentage when the child was born, then you do not need to establish paternity. If you are NOT on the birth cerficate and did not sign the affidavit of parentage, then you should definitely get a DNA test done through your local court system to establish paternity and all things will be straightened out. Good luck!

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Establishing Paternity

    He is doing this because he obviously wants me to get into the courts for child support reasons and because he wants our son. Which Im not a dead beat and support my son 100%, but I have been disagreeing on the subject. But since I am the father obviously I would get custody if god forbid somthing happened to my fiance right?
    reading between the lines:

    OP doesn't want to go to legally establish paternity because he does not want to be subjected to court ordered child support.


    Like the others have stated, if you have not signed the affidavit of paternity, you are not legally the father and to attempt to assume custody, you would have to prove paternity. Even then, since you are aware of the child being yours and have refused to establish paternity, the courts could see you as an outsider and still award custody to grandpa (think of the Michael Jackson case)

  5. #5

    Default Re: Establishing Paternity

    you are not the father until your name is on that BC or you have a DNA test. looks like the father in law wants his daughter to get child support from you. he knows that once you est. paternity, the court will probably make you pay the mother even if you are dating. shes not your wife yet!
    be a man and do whats right.

    you are not legally the child's father until you PROVE it.

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