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Can de facto apply to me as a stepparent?

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Robyntrn

New member
Indiana

Hello, I have lived with my partner and my now, 2 year old stepchild, in the same household for about two years (including both adults names on the lease). Two months into us residing together (April 2018), my step child’s father had moved from Colorado, petitioned for paternity, and had obtained visitation rights. Upon obtaining visitation, he petitioned and was granted to move back to Colorado where his family resides, as he had become “lonely and had a job lined up” (him moving in March 2019). He was denied joint custody, however, visitation now consists of the child having to take a plane to and from Colorado to Indiana for two weeks every month. He has agreed to pay transportation, and assist the child on the round trip flights, despite falling chronically behind on child support, up to 4 months total, and being on his 3rd job since moving back to Colorado in March, 2019. There is a court date set in February 2020 to revisit visitation, as the child will turn 3, and visitation will be re-evaluates so she may attend preschool.

My partner and the child’s father had never been married, and he only had first seen The child for the very first time on her 1st bday (Feb. 2018) upon visiting Indiana with his parents. I have, since moving in with my partner February of 2018, taken financial responsibility of approximately 85% of rent payments monthly, 100% of gas, electric, water, etc., 100% of family trips, pay 100% of insurance through my employer for the child, and financially have provided about 75% of the child’s nutrition, hygiene, and clothing needs- The percentages including the $114 a week received from child support when he does pay. The child has also called me “Mommy” since she could speak, and I have more time by far with the child pertaining to time spent and emotional investment between myself and the child. I work 3, twelve hour nights shifts a week at a hospital, so I have been before visitations, and still am home with the child during the day on my days off while her biological mother attends college classes. The Father, as I stated, moved back to Colorado where he had married, and currently lives under the roof of his in-laws with his wife. Ultimately along the way, he has proven to refuse to sign any documents to allow me to take the child to receive medical treatment in the absence of the mother, and at times, had also told the bio mother that he refused to drop the child off to me after visitation because “her mother and I weren’t married yet at that time”-(we are now). I would love to see if I qualify or have a chance at de facto without his consent. Even if not on a 3rd party custody stance, at least for the sake of being able to consent to giving the child the care that she needs whenever she should need it, as well as having a possibility of getting visitation, should something happen to my partner. We have wonderful preschool programs through the university facility that I work at (UofK), and I’d love to have the ability to care for her in legal ways as much as my love is for her. Ways such as adding her to become beneficiary of employee child educational tuition forgiveness for a four year degree through UofK, ensuring that she always has insurance coverage, as I’m the provider amongst all parties with a stable job history, having the ability to enroll her in educational and recreational camps, etc. Thank you so much for your time.
 


LdiJ

Senior Member
How in the world did the father get a judge to order two weeks a month long distance? That is unheard of in Indiana. Its particularly unheard of when he had been in the child's life for less than a year. Its also a real problem because if he has basically had a 50/50 timeshare it allows him to fight for primary custody when its time for the child to go to school.

You are not going to get any kind of De Facto status in Indiana. If the child did not have two active parents it might be a little different, but the child does have two active parents. Mom could give you Power of Attorney to act on her behalf in emergency situations, but that is about it.
 

Robyntrn

New member
Yes, I’m scratching my head wondering how this all had been approved in the first place (long distance Tavel with someone she hardly knew). He basically denied wanting the child until he heard that his ex had gotten engaged and had then decided he’d like to be a Father. :(
 

adjusterjack

Senior Member
Sorry, but as step parent, despite your generosity, you have no rights (period) with respect to the child.

Whatever is going on between the parents is between the parents and the courts and I suggest that your partner get this back into court on an emergency basis. Hiring a lawyer would go a long way toward resolving this poorly conceived arrangement.
 

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