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No Show / Custody Issues .. *read/reply*

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D

divorceinprogre

Junior Member
State - Indiana

Case:

I had an attorney who was doing nothing and needed more money so I let him go as the divorce was filed and final hearing date was set.

During the divorce I got pregnate, state of Indiana says it cant' finalize a divorce w/o DNA test. However I'm not an Indiana resident anymore and the baby isn't his.

I didn't show up to court at the last hearing and a final hearing was set for next week.

It was said that at the final hearing if I dont show that he'll be awarded everything he's asked for. I have heard rumors he wants full custody of my baby. Can he actually get awarded that when there is no paternity test showing its his baby ? Should I hire another lawyer to be present at the hearing incase?

Any thoughts are welcomed , thanks
 


LdiJ

LdiJ

Senior Member
divorceinprogre said:
State - Indiana

Case:

I had an attorney who was doing nothing and needed more money so I let him go as the divorce was filed and final hearing date was set.

During the divorce I got pregnate, state of Indiana says it cant' finalize a divorce w/o DNA test. However I'm not an Indiana resident anymore and the baby isn't his.

I didn't show up to court at the last hearing and a final hearing was set for next week.

It was said that at the final hearing if I dont show that he'll be awarded everything he's asked for. I have heard rumors he wants full custody of my baby. Can he actually get awarded that when there is no paternity test showing its his baby ? Should I hire another lawyer to be present at the hearing incase?

Any thoughts are welcomed , thanks
Click to expand...
Yes, if you don't show he can be awarded anything and everything he asks for.....including custody of your baby. Since he isn't the father you could get that part overturned, but it would be a big hassle....and could take a considerable amount of time.

Be smart. Show up for court.
 
N

nextwife

Senior Member
Yes, DNA testing is only needed to DISPROVE paternity if the child was born of the marriage. There is a legal presumption of paternity for a child born to a marriage. So, he IS legally the father of the child until you or he establish otherwise, and DNA testing need not first happen for him to be the legal father..
 
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