Legal Question in Family Law in Indiana

Parental rights

I married a man that is not the biological father of my three year old son 4 weeks before he was born - met him at 7 1/2 mos pregnant and he is on the birth certificate as the father. He is abusive and I need to get a divorce. What rights does he have, if any, with my son??


Asked on 12/27/99, 5:05 am

1 Answer from Attorneys

Marvin Coffey Marvin E. Coffey Attorney at Law

Re: Parental rights

In Indiana there is a presumption that a child born during the marriage is a child "of" the marriage. This presumption may be rebutted. In your petition for dissolution of marriage allege in a paragraph that although a child was born during the marriage, your husband is not the biological father. You will need to obtain the appropiate blood test to prove this allegation. This can be forced through a court order, if necessary. Some courts will not allow an agreement that he is not the father as such an action amounts to a bastardisation of the child without that child being represented and a few courts may even require a guardian ad litem be appointed for the child to represent his interests. When this is accomplished your husband would have no rights in regard to the child.

Read more
Answered on 12/31/99, 9:25 am


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Indiana