Legal Question in Family Law in Indiana

I have a daughter and she just turned 1, she's carrying my last name and I signed her birth certificate. I'm getting her every other week in a month and taking care of her whenever her mom is not available - that's what her Mom and I agreed about but no formal and legal order for that. Her mom and I were not married and she's with somebody else now for a long time. I filed a case for visitation right couple of weeks ago to finally acquire any type of custody for my daughter. I was paying for her child support since she was born. Her mom said that I won't be seeing my daughter until we go to court and that is totally unacceptable. That's my daughter too and I want her to be with me. Her mom even banned me on daycare to just take away my daughter from me. I'm not really aware for my rights as a father that's why I'm seeking help her. Is there any point that I can tell her mom that I should be getting rights to see and be with my daughter too? Thanks in advance for any help. Jason from Terre Haute, IN

Asked on 10/22/13, 5:55 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Legally, you have no rights until a court orders that you are the father. At that time, ask the court for makeup time for the period when the mother has denied you time. You should look at the Indiana Parenting Time Guidelines for some guidance as to what the minimum rights are for a non-custodial parent. I suggest that if possible, hire an attorney.

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Answered on 10/25/13, 5:43 pm

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