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Submitted by DakotaLegal on
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Perhaps.
Submitted by DakotaLegal on
Perhaps.
There is a big question to answer, which has to do with my making an assumption you are either the father or the mother. This is so important because it explains motivation as well as grounds to go into court. For example, if you’re the mom, I’m assuming from the question that you are motivated by a desire to close the chapter of a past relationship for a man who never chose to be a “father.” If, on the other hand, you are the father, I’m assuming just the opposite: you now want to seek custody of the child. Maybe the mother blocked your ability to build a relationship with the child. Either way, there is a need to quickly get the process started…either of extinguishing the father’s rights, or in challenging the mother’s fitness. Here’s a possible source of low-cost help…http://www.indianajustice.org/Home/PublicWeb.
It’s also a good idea to point out many people claim to “waive” custody rights, but have had absolutely no legal advice in that waiver. In other words, many waivers aren’t legally valid. In fact, many people try to waive “custody,” when in fact what they are doing is agreeing (as parents) they want nothing to do with each other. Time passes and this attitude often changes, as either (or both) of them mature and want to have something to do with raising the child.
Indiana even recognizes two types of “fatherhood,” i.e., biological and legal. So, was there actually a “waiver” of legal custody? If so, then look carefully at the court order. I’d urge you to have a lawyer look at any other agreement regarding a custody arrangement.
How Does Wedlock Matter?
Less important than it used to be, because almost 45% of all births are now wedlock births. This has meant the law has kept up to date, and makes certain assumptions about who the father is. When it comes to financial obligations and, yes, the ability to adopt: wedlock does still matter. It means there has to be extra proof, or clear evidence, to establish paternity... especially if the biological father is not on the birth certificate. Here’s a site with all of Indiana’s major paternity laws, from proof to custody and retraining or no-contact orders. http://www.in.gov/legislative/ic/code/title31/ar14/.
So the birth certificate is the first important evidence. For the father, however, it may take a court order to start proving custody and to obtain these medical and birth records. For the mother, a key might be showing abandonment by the father. The Children’s Law Center can be helpful, in explaining the way a parent can lose custody (mother or father): http://www. in.gov/legislative/ic/code/title31/ar14/.
What About Waivers Of Custody?
Things may have changed since the original “waiver.” It’s even possible, despite the original (supposed) waiver and non-support, the father has been involved in the child’s life? How old was the father when he signed the waiver? Did he ever try to revoke the waiver?
What Would happen With Child Support?
This is one reason Indiana very often does not support so-called “waiver” or relinquishment of parental rights….someone who truly loses (“terminated”) all parental rights also has no duty to pay support. Parents make all kinds of agreements, but this doesn’t mean a court would enforce any particular agreement. Child support is just such an arrangement. The key here is “the best interest of the child.”
The Age And Best Interests of the Child.
It’s going to matter, what the child thinks, either emotionally or factually. This plays out another way, too, because it involves how long ago the father was involved.
There may be other competing claims to custody (and better for the child) than the biological father or mother. Here’s information on who may become involved in Indiana, if adoption becomes a possibility: http://iaatp.com/docs/faqs-in.pdf.
Perhaps.
There is a big question to answer, which has to do with my making an assumption you are either the father or the mother. This is so important because it explains motivation as well as grounds to go into court. For example, if you’re the mom, I’m assuming from the question that you are motivated by a desire to close the chapter of a past relationship for a man who never chose to be a “father.” If, on the other hand, you are the father, I’m assuming just the opposite: you now want to seek custody of the child. Maybe the mother blocked your ability to build a relationship with the child. Either way, there is a need to quickly get the process started…either of extinguishing the father’s rights, or in challenging the mother’s fitness. Here’s a possible source of low-cost help…http://www.indianajustice.org/Home/PublicWeb.
It’s also a good idea to point out many people claim to “waive” custody rights, but have had absolutely no legal advice in that waiver. In other words, many waivers aren’t legally valid. In fact, many people try to waive “custody,” when in fact what they are doing is agreeing (as parents) they want nothing to do with each other. Time passes and this attitude often changes, as either (or both) of them mature and want to have something to do with raising the child.
Indiana even recognizes two types of “fatherhood,” i.e., biological and legal. So, was there actually a “waiver” of legal custody? If so, then look carefully at the court order. I’d urge you to have a lawyer look at any other agreement regarding a custody arrangement.
How Does Wedlock Matter?
Less important than it used to be, because almost 45% of all births are now wedlock births. This has meant the law has kept up to date, and makes certain assumptions about who the father is. When it comes to financial obligations and, yes, the ability to adopt: wedlock does still matter. It means there has to be extra proof, or clear evidence, to establish paternity... especially if the biological father is not on the birth certificate. Here’s a site with all of Indiana’s major paternity laws, from proof to custody and retraining or no-contact orders. http://www.in.gov/legislative/ic/code/title31/ar14/.
So the birth certificate is the first important evidence. For the father, however, it may take a court order to start proving custody and to obtain these medical and birth records. For the mother, a key might be showing abandonment by the father. The Children’s Law Center can be helpful, in explaining the way a parent can lose custody (mother or father): http://www. in.gov/legislative/ic/code/title31/ar14/.
What About Waivers Of Custody?
Things may have changed since the original “waiver.” It’s even possible, despite the original (supposed) waiver and non-support, the father has been involved in the child’s life? How old was the father when he signed the waiver? Did he ever try to revoke the waiver?
What Would happen With Child Support?
This is one reason Indiana very often does not support so-called “waiver” or relinquishment of parental rights….someone who truly loses (“terminated”) all parental rights also has no duty to pay support. Parents make all kinds of agreements, but this doesn’t mean a court would enforce any particular agreement. Child support is just such an arrangement. The key here is “the best interest of the child.”
The Age And Best Interests of the Child.
It’s going to matter, what the child thinks, either emotionally or factually. This plays out another way, too, because it involves how long ago the father was involved.
There may be other competing claims to custody (and better for the child) than the biological father or mother. Here’s information on who may become involved in Indiana, if adoption becomes a possibility: http://iaatp.com/docs/faqs-in.pdf.