DADI Blog

Indiana Paternity

Posted by admin on April 27th, 2006

Child support cases and paternity cases are rising up all over the United States. The laws for presumption of paternity differ from state to state and there is only one true way to prove whether you are the father or not the father of a child. Each state has there own set of laws for the “Presumption of Paternity” and also for the “Rebuttal of Paternity”. These must be viewed closely if you want the father of your child to be an active parent and pay child support, or if you are not the father and you wish to prove the fact. You may also be the father and wish to prove your parentage so you can have an active role in your child’s life.

The Indiana Presumption of Paternity states that the biological father is the man that was married to the mother or that the child is born within 300 days after the dissolution, annulment, or death of the husband. If the couple lived together the same applies as above. Paternity can also be proven parentage by undergoing a genetic paternity test, if the test shows 99% probability then that person will be deemed the biological father.

If there is no one named as the biological father in according to Indiana law, the father can be established with the consent of the mother as the man you receive the child into his home, and openly states he is the father.

When there are any doubts to the paternity of a child you can petition the court for blood tests and DNA tests to be done. It is best to talk with an attorney before you do anything. Whether you are wishing to prove or disprove your fatherhood, everything must be done by the book. If you do not understand exactly how to go about the proceedings you may find yourself paying child support for a child that is not yours or never seeing a child that you the father of.

Most of the laws governing these cases are there for financial support of the child. The state does not want to pay out funds when they can find a parent to pay. Therefore, if you are not the father, talk with an attorney as soon as possible. You will need to file a paternity action in Court to deny that you are the parent of the child. If you have been paying child support already under a temporary order you can be reimbursed if the tests prove you are not the father.

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When Will a Court Order Paternity Testing?

Posted by admin on April 27th, 2006

Paternity testing is required in some states after a child is born or even before that. This ensures that the child will grow up with the knowledge of both biological parents. Every child deserves this. Whether they were conceived in or out of wedlock, the child should have the option of knowing the truth of where they came from. Paternity is the first step. Visitation, custody, and a child support order then follow. This gives every child equal advantage at his or her life.

In the best interest of the child, a court may find reason to order paternity to be established. This can be done if the father will not sign a voluntary agreement or contests the results of a genetic test. A blood test can be done if this happens. While in court, the mother will have to provide details to the relationship with the alleged father. This also includes the pregnancy and birth. Questions may be asked about the financial contributions made by the father. They may ask if he has ever admitted that he was the father or if there are pictures of him and the child together. Living arrangements between the two could also be discussed. Some states look at simple facts. If he acted like a father and supported the child, then he is the father. This means even if he is not the biological father, he has a responsibility to the child until 18 years of age. The mother should have all the information she can about the alleged father. This includes his name, address, and his details concerning his job. Information from others, including his family, may also be used in court to prove paternity.

If the father in question fails to appear in court he may become the father by default. This is why these tests are important. If you show your face in court, a paternity test (prueba de paternidad) can be done and answer the question appropriately. You may not have to care for a child who is not biologically yours. Some fathers may even continue to support a child not biologically theirs if they have been there since day one and no other father is available.  Every state will have individual laws for paternity. In Arizona, when you request paternity or the state orders it, a child support will be close behind. These two go hand in hand. Also, the courts may seek reimbursement from the non-custodial parent for state assistance. They may require payment for the birth of the child as well as the expenses afterward. Whatever your case may be, establishing paternity is important.

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When the Father Refuses Paternity Testing

Posted by admin on April 27th, 2006

A father’s presence is vital to a child’s upbringing. A paternity test (prueba de paternidad) is necessary to show the father his biological responsibility. This should help lead to an established relationship with the child with the hopes that the relationship will last a lifetime. The father in question should be given a chance to acknowledge paternity. Once the test is complete the answer will speak for itself. This will give sufficient information for a complete medical history of the child, as well as benefits and money for the future.

There may come a time in your search for paternity when you are met with a refusal from the father to even take the test. The mother does have options when this occurs. The case can be taken to court where a judge can order a paternity test. This order is to be taken seriously and must be carried out. In some cases, if the alleged father fails to appear in court, he becomes the father by default. A paternity test may not be needed. The father would then be responsible for support of his dependant. The father does have equal rights in court. He is responsible to present his side of the case. This includes why he feels that he is not the father. The mother must show significant proof as to why she feels he is the father. Sworn statements and testimony are a part of this process. The topics can range from subject to subject, but be advised that a relationship between you and him must be proven. The relationship would have had to have been sexual seeing as how paternity of a child is involved.

When the alleged father questions or denies paternity, a genetic test will be ordered. A blood test is usually how this is done. The party may have his reasons for denying paternity. A valid reason could be that he was told he wasn’t the father. When a mother does not no who fathered her child this can raise concern for the alleged father if he believes two or more men may be involved he should alert the judge. The courts can take proper actions for this to be handled. Children are brought into this world by two people. Both then become responsible for that child. Every aspect of life for the child becomes what a parent makes of it. One parent can deny their involvement, but no one can fool a DNA test. These tests are effective and highly accurate. The child is most important and a judge will clearly see that. Whoever is responsible will pay.

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What Makes a DNA Test Admissible in Court?

Posted by admin on April 27th, 2006

DNA tests have been used in a great number of court cases. In paternity suits, these tests have become the number one solution to a very simple question. When there is an alleged father in doubt of whether or not he is a biological parent, a paternity test will clear up any confusion. The tests are subject to approval in court. Make sure to follow the guidelines to avoid a disappointing verdict in your case. The guidelines must be followed exactly to make sure the tests are admissible in court.

First of all, the DNA test has to be legitimate. The American Association of Blood Banks must stand behind the test. Online versions of these tests can be ordered and may be used if the court allows. Some judges do not allow them. Many people feel that these tests are the easiest. They can be taken in your own home. You have a sense of privacy. They also can be cheaper. All test materials are handled by you and they need to be handled in a professional manner. Any test envelope submitted to court can not be tampered with. If it is open or shows signs that the results have been altered in any way, the court will not respect it and the test will be thrown out. When using an at home DNA test, there is a rule that must always be followed. A witness must be present at all times during the test. They must be a neutral third party. This witness must have no interest or initial ties to the reason for testing. This person must be of legal age or have a guardian present if they are a minor. Documents that are acceptable to prove legal age of the witness are a recent photo, military id, state issued id or a driver’s license. Photos have to be taken during this process. These photos must then be signed and dated by the witness.

Before appearing in court with your results, make sure you know your state’s required percentage. This number has to be exact for a court to consider your test admissible. All states have different requirements and this information can be accessed on the internet or by contacting the Department of Human Services in the state you reside in. For example, Texas has one of the highest rates. It is at an astounding 99%. That means the DNA test must have that percentage or it is not admissible in court. This test is a very important step for the welfare of your child. They must be administered with the utmost respect and seriousness. This may be your only way to prove paternity.

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What is DNA Testing?

Posted by admin on April 27th, 2006

Before we can talk about DNA testing, let us discover what exactly DNA is. DNA is the abbreviation for Deoxyribonucleic Acid. Way back when, fingerprints were the ultimate sample of DNA. They were the only way to identify a person. Now almost anything can be used as a sample. That includes saliva, teeth, semen, and even bones. This narrow, thinly shaped piece of evidence is often used in criminal cases as well as paternity. All humans and animals possess DNA. One single hair can determine who you are if that is what the question is. 

DNA testing has given forensic science an upper hand. It is commonly used today in many court cases. This method of testing is very sensitive. Accuracy of this test depends on the collection process and the specimen’s condition. It has a great ability to find small amounts of DNA in any situation. Overtime, specimens collected can last and are able to hold up in a harsh, unpredictable environment. The downsides to this form of testing are pretty general. A laboratory is used for processing the samples. The laboratory can be a bit pricey. The processing can be slow, but is faster than the methods used in the past. 2 to 3 days may be all the time you need for accurate, reliant results. When DNA testing is used, a laboratory may keep a database for periods of up to ten years. These databases can include all crime offenders or may be sub categorized for easy finding. DNA testing can also play a part in testing urine for traces of illicit drug abuse.

DNA tests are the most advanced test for paternity or maternity. Each parent gives 23 chromosomes to their child. These are later used to determine paternity. These tests may be preformed before a child is born. A chorionic villi sample may be taken at 10-13 weeks. Amniocentesis can be done between 14 and 24 weeks. A blood test done on the parents will determine paternity. A cotton swab test is the most common test performed after a child is born. Each parent, the one known and the one in question are both tested. The child is as well. For the best results, all tests should be done on the same day. The cheek swabbing is what most prefer to a blood test. The procedure is non-invasive and painless. As you have read, DNA testing is vital to everyday life, even more so when questions need to be answered. The longer you wait for answers, the more doubt may consume your thinking. When you wish to provide answers to a fatherless child or a victim of a serious crime, look no further than to DNA testing. It is a sure fire way to flawless result.

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What is a Child Custody Evaluation?

Posted by admin on April 27th, 2006

A child custody evaluation is where a person from the court or from child services will go into both homes of the parents. During this time they will watch the parents interact with the children and how the home atmosphere is. From their evaluation, the custodial parent will be determined by what is best for the child.

You will talk to a lot of people about your life and personal things. They will asses your finances. They will look at your legal past and even talk to your families. All of this is to determine which home is best for the child.

In court, in will not matter what you think is be best for the child. The courts will decide which will be best for the child. The court will decide if you can meet your child’s needs.
They will talk to you children and find out what you’re children think of their situation, if they are old enough. Let your children say what they want and to not interfere with what they say. It is best to be honest. The courts will asses both parent’s strong points and their weakest.

The person doing to interviews will remain neutral. You cannot convince them of anything and they will note your behavior. The person doing the interviews will have at least a master’s degree in family studies and or psychology. This is because they have to do a mental evaluation on everyone who is involved with the child.

If during the evaluation you slam your ex-spouse or try to downgrade him just to get custody of your children, then you are not thinking of your children. You are trying to hurt your ex-spouse and you are being very selfish.

Remember, this evaluation is set up to provide to the court the information they find on if you can provide what the children need. You will have to have room in your home for the children; you should interact with your children well, and also show that you provide a warm and loving home for your children. This is not always an easy decision especially when both parents would make a perfect home for the children.

If you are not satisfied with the end results of your evaluation ask for another. They can last 6 months to a year. This is to get the best picture of you and your behavior.

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Visitation Schedules

Posted by admin on April 27th, 2006

Visitation schedules are made after the final ruling in a custody trial.  The schedules should revolve around everyone’s needs. Mothers and fathers each have different needs along with the children.  Psychologists recommend the following based off children’s age, infants only need 2-3 hours to build a bond with the other parent every 3 days.  Overnights are too traumatic for infants.  Children who are only one should go once a week.  18 month olds only need one day plus one night, 3 to 3 years only need two days plus one night. Elementary aged children should go every weekend and teenagers should go every other weekend. Teenagers also have schedules so you’ll have to communicate with them. Parents need to arrange things so they stay consistent and fair. Everyone should share the holidays

Children need consistent life styles so that they don’t become overwhelmed or confused. Now that the family is broken down, things will become harder for them. By keeping up with the visitations you will limit the stress in their lives and in yours.  Children should be allowed to see each parent when they want to if at all possible.  When they become old enough to ask they will. Never try to get in the way of you ex’s and children’s visits with each other. It may lead to more court and you’ll lose more money over it. Children do not need to hear their parents bickering over when they want to see the kids.

Grandparents will want to see the children too! Make sure that each grandparent gets to see the kids when they want to. Call them and write letters to them about the kids. This way you can remind them that the children do want to see them and they can come get them anytime.

Your children have a lot of stress as it is and they do not need to hear mom and dad fighting over who gets to see who when.  It is important that you have good communication with your former spouse.  If you do not have that, all else will fail.  Your children love the both of you and the both of you love them. Make sure you stick with what you say you’re going to do with the kids and if something comes up. Let them know! You children need the both of you in their lives and it will be hard for them to do this. So make it easer for them even though it will be hard for you.

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Types of Child Custody

Posted by admin on April 27th, 2006

There are a lot of types of child custody. Each one is determined by the judge by what they find in the parents, the parents capabilities as a parent. There are five types to be exact these types are legal custody, physical custody, sole custody, joint custody and birds nest custody.

Legal custody means that the parent can choose what school their child attends, where they live, their religion and the child’s medical care. In many states, the courts will grant joint legal custody which means both parents have a say in their child’s life. Both of them will be able to make important decisions for their child’s well being. If you share custody with your ex but exclude them from any decision making, they can take you back to court and you may face jail time and or pay big fines.

Physical custody means that a parent has the right for the child to live with them in their house. The courts can grant joint physical custody if they find that both parents will spend a good amount of time with their children. The court asks that the homes are close to each other and that it does not cause too much stress on the children. This will allow for the children to have a somewhat normal routine.

Sole custody means that only one parent can have the children. The other parent cannot have the children at anytime unless supervised by a legal person. A lot of states are moving away from this because of fear that the child does not see enough of both parents.
The parent makes all of the decisions alone when the have sole custody of the children.
Sole custody comes about when the other parent has been deemed unworthy to see their children because of harm they may cause to their children or because of any type of addiction. They either are unfit because of the choices they make, or they are an abusive person and have had a known past of hurting people. Courts will not hesitate to give one parent sole custody of the children because the other parent is unfit.

Joint custody means that the parents don’t live with each other but are both good parents. They each can make the decisions for the greater good of the children. Parents can choose to see their children when they want. They can have them for 1 day or up to 6 months if they choose.

The bird’s nest custody is when the parents share the same house but move out when it’s the other parents turn to see the children. For example, dad’s turn is next so he will move back into the house and mom will go to another home she has. Both parents have two homes. This is to keep children together and in the same environment.

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The Importance of Temporary Custody

Posted by admin on April 27th, 2006

Temporary Custody can happen for many reasons and situations and most often is part of many divorce and legal separation proceedings. So what is the Importance of Temporary Custody and what does it all mean you might be asking yourself? Its important to know that the states and government have and interest in assuring that the children are still going to be properly supported especially in situations where a couple want to separate and not file for a divorce right away. This temporary custody order handed down by a court will usually decide who will take care of the child during the separation and who will need to pay child support until they either get a divorce or rejoin back together.

Every situation is different however and here are some common reasons and circumstances for temporary custody to take place. If you have separated from your spouse you may not have lived in the state long enough to meet the resident requirements too legally file for a divorce which is usually 6 months to a year so they will enact a order of  Temporary Custody till you meet the time before a divorce filling.

Often time couples have gotten separated and are confused and can’t decide if divorce is what they both really want, so to protect your children’s rights regarding custody, visitation, and support an order will be issued. Many times a spouse will just walk out leaving you with all the bills and responsibilities and a temporary custody order can help make sure that the spouse has to help in taking care of the children and bills and full fill their obligations they are responsible for.

Temporary Custody can cure the problem you hear about all the time where a couple separates and the spouse who has the child or children with hold visitation out of spite or vindictive motives, and additionally can solve the issue where a spouse has promised to send you money to help support your child, but does not honor their words and those checks just never seem shows up or the amount is always less that it should be.

To often in separations you hear a spouse worry about letting the other spend time with the child for a fear that they might not bring them back or will leave state will them. If there is an order in place by a court for Temporary Custody this will help protect the child from this type of action and make a parent who selects this type of action suffer the legal punishment for this type of act. There are other reasons for Temporary Custody such as by agreements by the couple or handed down by courts for observations and determinations.

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Texas Paternity

Posted by admin on April 27th, 2006

Anytime paternity is in doubt someone is going to get hurt.  The mother of course but also the husband who may find out he isn’t the father of the child or the ex-spouse that denies the child, of course denying a child you know is yours is hurting more than yourself.  There are ways to determine the paternity though in Texas, the court system is setup reasonably to handle it.  First and foremost a lawyer should be sought for this sort of situation.  They will be able to go in detail for every single minute detail about the case you are presenting. 

A mother, father, or a person claiming to be the father of the child may bring a suit to court to file for paternity on a child.  During this suit the court will do the best it can to determine the paternity of a child.  Usually these suits are brought because 2 or more people could possibly be the father to a child and both deny it.  The court will try to bring the parties to an understanding, if no understanding can be met, the court will issue a blood test be given to find the paternity.  The parties involved will absorb the cost to their already high court bill. After the blood test the paternity will be revealed and then the father can setup visitation, custody, and child support.  The child’s last name will also change to that of the father’s.  Just remember that this process is costly not just to your pocketbook but it could become an emotional rollercoaster.  It’s best to do this when the child is young and won’t remember the heartache. 

During the court process you may become overwhelmed if you don’t have the services of a lawyer, so make sure that is always first on your list.  If the child is older you need to make sure to focus on them throughout this process, you probably can’t imagine what they must be going through.  This is another reason that even if you have problems with the father of your child sometimes its best just to leave the situation alone, if it’s manageable.  The child is going to be going through enough in their head without being in a courtroom while his mom and dad are fighting each other.  Keep all this in mind before you make any action, consult a lawyer first to check your options and always focus on your child first.

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