DNA submission

[devilleather]

What is the name of your state (only U.S. law)? Indiana

Girlfriend and I had a child recently and filled out the paternity affidavit naming me as the father, while at the hospital for our sons birth. The nurse explained that if I wanted to have a say in anything pertaining to our child we would need to have a DNA test done and return the results to the local health department within 60 days. So we had the DNA done within 2 weeks but when we took it to the health department the lady told us that she does not know why the hospital tells people to bring that to them. So my question is, who do I submit the DNA results with to be in compliance with what the paternity affidavit states? It clearly states that if the DNA is not completed within 60 days then the section giving me legal rights is void. Thank you for any info

 

[Zigner]

What is the name of your state (only U.S. law)? Indiana

Girlfriend and I had a child recently and filled out the paternity affidavit naming me as the father, while at the hospital for our sons birth. The nurse explained that if I wanted to have a say in anything pertaining to our child we would need to have a DNA test done and return the results to the local health department within 60 days. So we had the DNA done within 2 weeks but when we took it to the health department the lady told us that she does not know why the hospital tells people to bring that to them. So my question is, who do I submit the DNA results with to be in compliance with what the paternity affidavit states? It clearly states that if the DNA is not completed within 60 days then the section giving me legal rights is void. Thank you for any info

No, what it's telling you is that ou have 60 days after you file it in which to "change your mind" and file with the court to request DNA testing.

Read this for more info: https://www.in.gov/dcs/files/Establishing_Paternity_.pdf

 

[LdiJ]

What is the name of your state (only U.S. law)? Indiana

Girlfriend and I had a child recently and filled out the paternity affidavit naming me as the father, while at the hospital for our sons birth. The nurse explained that if I wanted to have a say in anything pertaining to our child we would need to have a DNA test done and return the results to the local health department within 60 days. So we had the DNA done within 2 weeks but when we took it to the health department the lady told us that she does not know why the hospital tells people to bring that to them. So my question is, who do I submit the DNA results with to be in compliance with what the paternity affidavit states? It clearly states that if the DNA is not completed within 60 days then the section giving me legal rights is void. Thank you for any info

I agree with Zig, you misunderstood and got it backwards. However, the hospital was also wrong in sending you to the local health department. You needed to file with the courts, for a court ordered DNA test within 60 days.

You will have no enforceable rights until you go to court to get enforceable rights.

 

[devilleather]

I agree with Zig, you misunderstood and got it backwards. However, the hospital was also wrong in sending you to the local health department. You needed to file with the courts, for a court ordered DNA test within 60 days.

You will have no enforceable rights until you go to court to get enforceable rights.

What your saying is, in order for us to share joint legal custody and to ensure my son would receive any benefit my other children (different mother) would be entitled to I need to hire a lawyer and get a court date set to which I would be able to use the DNA results? Thanks!

 

[LdiJ]

What your saying is, in order for us to share joint legal custody and to ensure my son would receive any benefit my other children (different mother) would be entitled to I need to hire a lawyer and get a court date set to which I would be able to use the DNA results? Thanks!

Yes you need to file a motion for joint legal custody and parenting time. You may or may not be able to use your existing DNA results. It depends a great deal on the judge, and on whether or not the DNA lab is one approved by the courts. However, if you are not challenging paternity, then the Affidavit of Paternity that you signed at the hospital is enough, you do not HAVE to also do DNA.

 

[devilleather]

Yes you need to file a motion for joint legal custody and parenting time. You may or may not be able to use your existing DNA results. It depends a great deal on the judge, and on whether or not the DNA lab is one approved by the courts. However, if you are not challenging paternity, then the Affidavit of Paternity that you signed at the hospital is enough, you do not HAVE to also do DNA.

And just so its clear, my gf and I are together and planning on living together soon. We have already paid for and received the DNA results through an accredited lab. All I want to make sure of is that my son is legally entitled to my benefits if anything were to ever happen to me. Also to have a say in parenting decisions legally, such as schools or whatever. Thank you

 

[LdiJ]

And just so its clear, my gf and I are together and planning on living together soon. We have already paid for and received the DNA results through an accredited lab. All I want to make sure of is that my son is legally entitled to my benefits if anything were to ever happen to me. Also to have a say in parenting decisions legally, such as schools or whatever. Thank you

As far as your son being entitled to any benefits if something were to happen to you the affidavit of paternity that you signed at the hospital is enough for that. The fact that you are listed on his birth certificate as a result of that is enough for that.

If you want a legal say in parenting decisions, then you need to go to court to get joint legal custody. As an unwed mother, mom has sole legal and physical custody by default in Indiana.

 

[devilleather]

As far as your son being entitled to any benefits if something were to happen to you the affidavit of paternity that you signed at the hospital is enough for that. The fact that you are listed on his birth certificate as a result of that is enough for that.

If you want a legal say in parenting decisions, then you need to go to court to get joint legal custody. As an unwed mother, mom has sole legal and physical custody by default in Indiana.

And I have to do that within 60 days?

 

[CTU]

And I have to do that within 60 days?

NO. That's not what people are saying!

Forget the 60 days. Forget about it. For your circumstances, it's meaningless unless you're going to CHALLENGE paternity.

 

[devilleather]

Thank you all for the info.