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Indiana child custody

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chrisc35

Junior Member
What is the name of your state (only U.S. law)? Indiana
Child is now 3. At birth mothers boyfriend signed paternity affidavit saying he was the father. Mother was arrested for abandonment, boyfriend was already in jail on unrelated charges. DCS had boyfriend DNA Tested and found he was not the father. Mother claimed my son could be the father, took DCS 4 months to locate my aon, he gladly got tested privately and is the child biological father.

Went to court to establish paternity and pay child support. Now DCS says since boyfriend signed affidavit he has to ask that it be recinded for my son to be the "father". DCS also says since court ordered him to pay support he still has to.

I thought after 60 days if affidavit wasn't challenged by boyfriend he's the father unless he was under duress, coercion or mislead by mother of the child.

Can anyone help? DCS should be held accountable for the screw up. We've been involved
In child's life since September 2010 and now no idea what's up.

Thanks
 
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chrisc35

Junior Member
If boyfriend signed affidavit at birth then he is the father right? Or not since he didn't do anything within the 60 days. The why did DCS get a DNA test??? Since the boyfriend was legally responsible for the child. Or am I reading the law pertaining to paternity affidavits wrong?
 

stealth2

Under the Radar Member
Perhaps they're looking for someone to step up to the plate and actually parent the child? Is that something your son is interested in doing (I should really assume not, since he can't bother to come and ask for himself)?
 

chrisc35

Junior Member
Wow nice one. Must work for DCS. I'm asking about the LAW, not stepping up. DCS still has laws to follow, or I thought they did at least. If DCS really wanted someone to step up that's fine they want someone who can pay is all. That's why they continue to have blind faith the mother will change.

now if you can address the law which is what I'm attempting to find out about great if not thanks for nothing
 

mistoffolees

Senior Member
Wow nice one. Must work for DCS. I'm asking about the LAW, not stepping up. DCS still has laws to follow, or I thought they did at least. If DCS really wanted someone to step up that's fine they want someone who can pay is all. That's why they continue to have blind faith the mother will change.

now if you can address the law which is what I'm attempting to find out about great if not thanks for nothing
You said:
"Went to court to establish paternity and pay child support. Now DCS says since boyfriend signed affidavit he has to ask that it be recinded for my son to be the "father". DCS also says since court ordered him to pay support he still has to."

That's all correct, so why do you think DCS screwed up?

Until the court orders a change in paternity, DCS is bound to follow the paperwork they have.
 

Silverplum

Senior Member
Wow nice one. Must work for DCS. I'm asking about the LAW, not stepping up. DCS still has laws to follow, or I thought they did at least. If DCS really wanted someone to step up that's fine they want someone who can pay is all. That's why they continue to have blind faith the mother will change.

now if you can address the law which is what I'm attempting to find out about great if not thanks for nothing
That you didn't read the sticky at the top of the forum is part of the problem:

https://forum.freeadvice.com/child-custody-visitation-37/newbies-please-read-before-posting-387214.html
 

chrisc35

Junior Member
You said:
"Went to court to establish paternity and pay child support. Now DCS says since boyfriend signed affidavit he has to ask that it be recinded for my son to be the "father". DCS also says since court ordered him to pay support he still has to."

That's all correct, so why do you think DCS screwed up?

Until the court orders a change in paternity, DCS is bound to follow the paperwork they have.
Exactly so by signing the paternity affidavit didn't the boyfriend establish himself as the responsible person for the child? That's what I'm curious about.

I'm trying to protect the relationship that has been established between my family and the child. If the other male who signed the paternity affidavit is in the courts eyes the "father" then what? This is what I'm trying to sort out.

If it take a village to raise a child then the family as a whole is involved. Father grandparents aunt uncles everyone. That's what's wrong today everyone wants one or two people to be responsible to raise a kidvand you can see where that's gotten us.

So yes I feel I have vested interest in finding this information out.

If I'm wrong and this is the wrong forum to do that please let me know and I'll bow out.
 
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Silverplum

Senior Member
Exactly so by signing the paternity affidavit didn't the boyfriend establish himself as the responsible person for the child? That's what I'm curious about.

I'm trying to protect the relationship that has been established between my family and the child. If the other male who signed the paternity affidavit is in the courts eyes the "father" then what? This is what I'm trying to sort out.

If it take a village to raise a child then the family as a whole is involved. Father grandparents aunt uncles everyone. That's what's wrong today everyone wants one or two people to be responsible to raise a kidvand you can see where that's gotten us.

So yes I feel I have vested interest in finding this information out.

If I'm wrong and this is the wrong forum to do that please let me know and I'll bow out.
I'm sure you do feel that you have a vested interest in finding info.

The problem is that you, as a legal stranger, do not have a legal interest in this case.

We think that the parents should be the ones asking their own questions about their own legal situations and their own children.
 

TheGeekess

Keeper of the Kraken
Exactly so by signing the paternity affidavit didn't the boyfriend establish himself as the responsible person for the child? That's what I'm curious about.

I'm trying to protect the relationship that has been established between my family and the child. If the other male who signed the paternity affidavit is in the courts eyes the "father" then what? This is what I'm trying to sort out.

If it take a village to raise a child then the family as a whole is involved. Father grandparents aunt uncles everyone. That's what's wrong today everyone wants one or two people to be responsible to raise a kidvand you can see where that's gotten us.

So yes I feel I have vested interest in finding this information out.

If I'm wrong and this is the wrong forum to do that please let me know and I'll bow out.
You only have a vested emotional interest. This is a LEGAL forum and emotions don't enter into it.

Indiana Code 16-37-2
 

chrisc35

Junior Member
Ok I missed something I guess this is a free forum to ask questions nowhere un the sticky did it say we only answer questions from parent or those with a "legal" interest in the proceedings. If that's a rule of this forum it should be stated somewhere u would think. I never misrepresented myself at all and got snarky only when someone attracted the integrity of my son since he failed to post the question himself.

So I'm lost here, only a parent can ask these questions???
 

CSO286

Senior Member
Ok I missed something I guess this is a free forum to ask questions nowhere un the sticky did it say we only answer questions from parent or those with a "legal" interest in the proceedings. If that's a rule of this forum it should be stated somewhere u would think. I never misrepresented myself at all and got snarky only when someone attracted the integrity of my son since he failed to post the question himself.

So I'm lost here, only a parent can ask these questions???

This is the FreeAdvice Legal Forum. The advice rendered is LEGAL adivce. Given to the parties in a court action.

The parties in a legal action generally have all of the details. Third parties rarely do. In fact, their misinformation can result in the volunteers providing incorrect answers than are then provided to the parties, resulting in general badness all around**************
 

chrisc35

Junior Member
Once again I must have missed something important here. If one reads the IMPORTANT NOTICE at the bottom of this page it says that these forums are for the exchange of information between consumers. It further states that the advice is not a substitute for advice from an attorney in your jurisdiction. Nowhere can I find where it says thus is legal advise for parties in a legal dispute.

If you don't want to answer then just don't.

Thanks
 

CSO286

Senior Member
Once again I must have missed something important here. If one reads the IMPORTANT NOTICE at the bottom of this page it says that these forums are for the exchange of information between consumers. It further states that the advice is not a substitute for advice from an attorney in your jurisdiction. Nowhere can I find where it says thus is legal advise for parties in a legal dispute.

If you don't want to answer then just don't.

Thanks


OK, we won't.


Have a nice day. :)
 

Isis1

Senior Member
Ok I missed something I guess this is a free forum to ask questions nowhere un the sticky did it say we only answer questions from parent or those with a "legal" interest in the proceedings. If that's a rule of this forum it should be stated somewhere u would think. I never misrepresented myself at all and got snarky only when someone attracted the integrity of my son since he failed to post the question himself.

So I'm lost here, only a parent can ask these questions???
You are definitely free to ask anything you want. Just as our entire board of non-paid volunteers are free not answer your question how you want it delivered. None of us like screwing with a child's life here. Your son was told of his obligation. That private DNA test is worth nothing unless approved by a judge. So, so far, your son hasn't done a darn thing.
 

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