I agree with judy-you need to have a good family law attorney.
Originally Posted by
CaseyLea
. He signed a Paternity Affidavit as well as the Birth certificate.
Mistake! It allows child support to be collected from him anytime.
Originally Posted by
CaseyLea
My husband left her and fought for full custody… At the following hearing the judge revoked all ordered visitation and kept the support obligation in place.
Welcome to the main idea of Indiana/and the USA,too/ legislation and court practice-“Catch the first man and impose upon him financial duties .If he is mot biologically related to the child-cut the visitation but let him pay”
Originally Posted by
CaseyLea
The biological father is known, the mother proudly announced it was my husband's best friend. He has admitted responsibility…, he gets the visitation…
. Our hope is that someday we can transfer the 'rights' to the biological father.
I would like to say you want to transfer your husband’s obligations;) but not rights,because he has obligations only.
Actually the judge acted properly under In legislation.
IC 31-14-7-3
Paternity affidavits
Sec. 3. A man is a child's
legal father if the man
executed a paternity affidavit in accordance with IC 16-37-2-2.1 and the paternity affidavit has not been rescinded or set aside under IC 16-37-2-2.1.
IC 16-37-2-2.1
Paternity affidavits; requirements; forms; penalty; effect of filing paternity affidavit; action to establish paternity
(e) A paternity affidavit executed under this section must contain or be attached to all of the following:
(1) The mother's sworn statement asserting that a person described in subsection (b)(1)(B) is the child's biological father.
(2) A statement by a person identified as the father under subdivision (1) attesting to a belief that he is the child's biological father.
(g) A paternity affidavit executed under this section:
(1) establishes paternity;
(2) gives rise to parental
rights and responsibilities of the person described in subsection (e)(2), including:
(A) the right of the child's mother or the Title IV-D agency
to obtain a child support order against the person, which may include an order requiring the provision of health insurance coverage; and
(B) reasonable parenting time rights
unless another determination is made by a court in a proceeding under IC 31-14-14; and
(3) may be filed with a court by the department of child services.
However, if a paternity affidavit is executed under this section, the child's mother has sole legal custody of the child unless another custody determination is made by a court in a proceeding under IC 31-14.
(h) Notwithstanding any other law, a man who is a party to a paternity affidavit executed under this section
may, within sixty (60) days of the date that a paternity affidavit is executed under this section, file an action in a court with jurisdiction over paternity to request an order for a genetic test.
(I) A paternity affidavit that is properly executed under this section
may not be rescinded more than sixty (60) days after the paternity affidavit is executed unless a court:
(1) has determined that
fraud, duress, or material mistake of fact existed in the execution of the paternity affidavit; and
(2) at the request of a man described in subsection (h), has ordered a genetic test, and the test indicates that the man is excluded as the father of the child.
(j) Unless good cause is shown,
a court shall not suspend the legal responsibilities under subsection (g)(2)(A) of a party to the executed paternity affidavit during a challenge to the affidavit.
(k) The court may not set aside the paternity affidavit unless a genetic test ordered under subsection (h) or (I) excludes the person who executed the paternity affidavit as the child's biological father.
The Indiana Code has no provision for the filing of an action to disestablish paternity.
In Re Paternity of H.J.B. 829 N.E.2d 157, 159 (Ind. Ct. App. 2005). Further, a trial court does not have the authority to treat child support proceedings as proceedings to disestablish paternity. The Court noted that (1) the Indiana statutes covering paternity actions provide a means to establish rather than disestablish paternity; and (2) the General Assembly clearly and unequivocally prescribed, at I.C. 31-14-1-1 (1998), that it “favors the public policy of establishing paternity under [Article 14] of a child born out of wedlock.”