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can paternity be established?

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punkinsmom3

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

I really hope some of you can lead me in the right direction. I have researched our issue and can't seem to make heads or tails of the legal terms and such.

So here's the story. This may get long, and I apologize in advance. I am the mother of a 3 year old little girl. When I was four months pregnant with her, the father and I broke up. We were never married. We both handled the break up very badly, but after I was told that I was carrying a girl he informed me that I must have cheated and she could not possibly be his child. His basis for this was that he has four brothers and every one of them has only produced boys, so his first child would have to be a boy. He then left the state and I did not hear from him nor have any idea where in the country he was.

So I started a friendship with another man ( not a relationship at this point) before the baby was born. When I went into labor he and my grandma went to the hospital with me. I had a lot of complications right after the birth, hemorrhaging and all, so my grandma and this friend got the bright idea that he should sign the baby's birth certificate in case something happened to me as no one knew where to find the father. So it was done. I do not remember anything for the first 3 days of my daughter's life, but I am sure I had to sign the paperwork saying I agree with this. I've never actually seen that paperwork.

When my daughter was a month old her father (bio not legal) contacted me asking what had happened with the baby and if he could see her. He was furious that she had been claimed by another man, but did not file any paperwork to rectify the situation. By this time I was in a relationship with the friend, trying to make the best of the situation for the baby, so the father stayed away from us and only emailed occassionally to ask for updated pictures and info.

Fast forward to this past summer. Daughter is going on 3 years old now. Her bio father finally asks to see her. I took her to meet him without telling her who he really was since she knew the other man as daddy. They visited each other with me there once a week for a few months. In the meantime, the man who had signed her birth certificate was accused of and confessed to molesting a child. Obviously he is no where near myself, my children, and I have no idea where he is at the moment. Daughter's father has continued working on building a relationship with her, and she now knows who he is. She seems very comfortable around him, although I have yet to leave her unsupervised. They have been visiting for 5 months now, first once a week, now several times a week.

Now for the legal questions: Is there any way for the father to petition for paternity and subsequently parental rights? Has too much time passed? She will be three on New Year's Eve. Does the man who signed her B.C. have to be involved in the case? I have no problem with daughter having visits with dad, his last name, whatever and am even willing to help him accomplish this if only to keep daughter away from a confessed child molester. Thank you all in advance and please don't flame me too badly :)
 


Ohiogal

Queen Bee
The biological father should file to establish paternity. YOU cannot disestablish legal daddy nor can legal daddy. Bio daddy can file to establish however and may have a shot due to the fraud that was committed by you and legal daddy.
 

punkinsmom3

Junior Member
thank you for your response. do you know if this is something bio dad can do on his own? he went to a father's rights place in our town, but was told they could not help him until paternity was established. however he has no money for an attorney.
 

Ohiogal

Queen Bee
thank you for your response. do you know if this is something bio dad can do on his own? he went to a father's rights place in our town, but was told they could not help him until paternity was established. however he has no money for an attorney.
Yeah it is something he can do pro se if HE WANTS to learn about it. He can petition a court to order a paternity test.
 

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