[talaniman]

Does she want a divorce?

[windward]

Does she want a divorce??

Noooooooo!We want to live in peace...

[GV70]

Where are you in?Where do you live?

[talaniman]

I think when the dust settes then you will have peace, and will be Dad to both kids, as they very seldom take a child from the mother. He may get a visitation and pay child support but custody? Can't see it. Hang in and see what a lawyer tells you.

[NowWhat]

If you do not want a divorce - you can still be a dad to both children. Sometimes biology doesn't make a "dad". I would just ride this out and be there for each other.
Since neither of you want a divorce - this may make you stronger.
No court can make you stop loving a child.

[windward]

No court can make you stop loving a child.

But court can destroy our life...
P.S. I live in Indiana.

[talaniman]

But court can destroy our life...
P.S. I live in Indiana.

It can also set guidelines and settle disputes.

[NowWhat]

The court isn't going destroy your lives. The actions of your wife with another man is what is going to destroy your lives. I don't mean to be harsh - but if you are not the biological father of these kids - that person has rights and a court will make sure they have a place in the kid's life.
But, you still get to be a part of their everyday life. You still get be there. That is worth something.
Bottom line, you are in this situation - YOU can make this as bad as you want or as good as you want.

[GV70]

Child custody and guardianship are legal terms which are sometimes used to describe the legal and practical relationship between a parent and his or her child, such as the right of the parent to make decisions for the child, and the parent's duty to care for the child.Sole custody is an arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.This is the opposite of joint custody which is shared custody.

[windward]

The court isn't going destroy your lives. The actions of your wife with another man is what is going to destroy your lives. I don't mean to be harsh - but if you are not the biological father of these kids - that person has rights and a court will make sure they have a place in the kid's life.
But, you still get to be a part of their everyday life. You still get be there. That is worth something.
Bottom line, you are in this situation - YOU can make this as bad as you want or as good as you want.

Yes-you are right... but if the court allows his claim it will be a tragedy for me... Besides that this man visited my co-workers,neibourghs and some of my relatives and explained them all that because I am 'an impotent b*stard "/that is not true of course/ he is'the real man because he impregnated my wife with ta child'...Everyone laughed at me and everyone did sneers at me.Last week I went to work and there the first which I heard was"Hi,. I would like to inform you that I have a baby!Go to sign the paternity acknoledgment and take care of the baby... I will appear when the child grows up... "That was all day,, I had leave:(


Last Friday I visited a lawyer and/v.$400/she advised me to wait and see whether the court will allow his claim.

[GV70]

Ok-I find Indiana code.Look here.I will give you a strategy;) ;)

IC 31-14-4-1
Persons permitted to file action
(2) A man alleging that:
(A) he is the child's biological father;
IC 31-14-5-3
Time for filing action
(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,
IC 31-14-5-6
Necessary parties
31-14-5-6 Sec. 6. The child, the child's mother, and each person
Alleged to be the father are necessary parties to each action.
IC 31-14-5-7
Registration with putative father registry
31-14-5-7 Sec. 7. A man who files or is a party to a paternity
Action shall register with the putative father registry under IC 31-19-5.


IC 31-14-6-1
Blood or genetic testing
31-14-6-1 Sec. 1. Upon the motion of any party, the court shall
Order all of the parties to a paternity action to undergo blood or
Genetic testing. A qualified expert approved by the court shall
Perform the tests.
IC 31-14-6-2
Objections and admissibility
31-14-6-2 Sec. 2. A party may object to the admissibility of
Genetic test results obtained under section 1 of this chapter (or
IC 31-6-6.1-8(a) before its repeal) if the party files a written
Objection at least thirty (30) days before a scheduled hearing at
Which the test results may be offered as evidence.If a party does not
File an objection under this section (or IC 31-6-6.1-8(b) before its
Repeal), the test results are admissible as evidence of paternity
Without the necessity of:
(1) foundation testimony; or
(2) other proof;
Regarding the accuracy of the test results.
IC 31-14-6-3
Test results; effect; admissibility
(2) are admissible in all paternity proceedings, unless the court
Excludes the results or finding for good cause.
IC 31-14-7
Chapter 7. Presumption of Paternity
31-14-7-1 Sec. 1. A man is presumed to be a child's biological
Father if:
(1) the:
(A) man and the child's biological mother are or have been
Married to each other;
IC 31-14-10-1
Hearing to determine support, custody, and parenting time
Following initial determination of paternity; order to probation
Officer or caseworker to prepare report
31-14-10-1 Sec. 1. Upon finding that a man is the child's
Biological father, the court shall, in the initial determination, conduct
A hearing to determine the issues of support, custody, and parenting
Time. Upon the request of any party or on the court's own motion, the
Court may order a probation officer or caseworker to prepare a report
To assist the court in determining these matters.


IC 31-14-20
Chapter 20. Registration With Putative Father Registry
IC 31-14-20-1
Duty to register
31-14-20-1 Sec. 1. (a) This section does not apply to a man whose
Paternity is established under this article (or IC 31-6-6.1 before its
Repeal) before the filing of a petition to adopt the man's child.
(b) A man who files or is a party to a paternity action under this
Article shall register with the putative father registry under
IC 31-19-5 within the period provided under IC 31-19-5-12.

[NowWhat]

Well, this guy sounds like a winner. What does it prove going around saying things like that? That is total B.S.! And that is pretty bold considering that there isn't a paternity test stating that he IS the father. You could still be right?
Those are the kinds of people you want to punch! BUT DON'T! Your goal is to keep your family intact. That will be hard to do in jail and with a record. Just take a deep breath and take the high road.
And I know attorneys are EXPENSIVE - but you have to have one to protect your family.

[windward]

If only one bio dad is interested in seeking partial custody of his kid, can you ask the other if he'd be willing to allow you to adopt his child? Then you'd have all the legal rights of a natural parent. .

The clerk answered me that I cannot adopt these children because I am still their legal father.:) Paradoxial... If I go to court and ask to adopt them-the answer is that I cannot do it.If I go to court and ask to remove my name from their birth sertificates-the answer is that I cannot do it because I am their presumed father... but if someone goes to court and ask for paternity suit the court will grant him lawsuitl with pleasure.Everyone has rights, I have obligations only.I read somewhwre this sentence,'If you are duped-you are duped.If you are not duped-you are not duped... but either way you pay!! "-It is for me:)

[GV70]

My advices:
In my opinion you have a good chance.He has rights under Indiana Family Code .He can ask for DNA test but under IC31-14-6-2 Sec. 2 you and your wife can object to the admissibility of genetic test results obtained under section 1.You can cite Chapter 7. Presumption of Paternity-31-14-7-1 Sec. 1. A man is presumed to be a child's biological father if:the man and the child's biological mother are or have been married to each other.
Have a look at IC 31-14-20-1-Sec. 1.(b) A man who files or is a party to a paternity action under this article shall register with the putative father registry under IC 31-19-5 within the period provided under IC 31-19-5-12.If he is not registered there the reasonable question is why he waited too long...
Look at IC 31-14-6-3 Test results are admissible in all paternity proceedings, unless the court excludes the results or finding for good cause.The good cause-that is the question!
The child’s mother and your right opposed to the putative father’s right to respect for your respective private and family life right to security with you then current de facto family... Cite Marriage of Freeman, 53 Cal.Rptr.2d 439, 447 -' biology is not the predominant consideration in determining parental responsibility once a child has reached his or her third year of life”/I am sure if there is a lawsuit it will be in progress for many years... /or cite Massachusetts. Massachusetts, for example, has held that a third party can offer genetic evidence to establish his legal paternity of a married woman’s child if he can show that he and the child already have “a substantial parent-child relationship.Also you can cite Numerick v. krull/the trial court properly determined that plaintiff’s action was barred by both the language of the Paternity Act,reasoning that plaintiff could not maintain this action because the child was not “born out of wedlock” within the meaning of the statute./,R.N. v. J.M./And while this presumption is rebuttable according to law, the challenging party must first show that rebutting that presumption is in the best interest of a child whose parents were married at the time the child was born and perhaps, as in this case, remain married and plan to continue as the only parents the child has ever known./The discretionary “may” language in section 16-43-901(e)(1) allows a chancellor to consider the particular circumstances of each case and the child’s best interest before ordering a paternity test that could orever change a child’s life, perhaps merely because the adults who caused such a tumultuous situation are curious to know the results of their infidelity.The best interests of the child should be considered by the trial court before ordering a blood OR DNA test.

[GV70]

When The biological father appears on the scene • What the divorce decree says is very important. If the divorce decree declares that
The child in question is a child of the marriage (or words to that effect), courts
Usually consider that finding is binding at least between the ex-husband and exwife

If there are two presumptions operating in the case
(i.e. the marital presumption and a presumption based on genetic tests), the court is to
Follow the one based on weightier considerations of policy and logic

[vlee]

What did your lawyer say about the code listed above that mentions that a biological parent must come forward within 2 years of the birth of the child? Is that valid or do the courts sometimes extend that age? I know the child in question here is 2.

[windward]

Unfortunately when he entered an action the child was 1 year 11 month and 27 days old... :(

[GV70]

I have to make some additional researches but I want to say you when you are in court-say to judge that if he/she allows the lawsuit it will affect other child,too... It sounds unfair but I have researched some cases as In re -TKY... I have reasons to claim it.

[momtofour]

Wow, I have to appluad your determination in all of this. Your wife wronged you and yet you seem so to love her and your children. It takes a special kind of person to face that and still want to continue to be a good husband and father. Keep your head up, don't let those people's sneers get you down! You haven't done anything wrong in any of this and you are a real stand up guy! Good luck to you, your kids are very lucky.. and so is your wife...

[talaniman]

I too agree with momtofour, It take a real man to stand against the adversity you face and do the right thing by others. My utmost respect to you and Good Luck.

Please keep us posted.