In Indiana, an unmarried man must take action
after the child's birth to establish paternity and gain a right to request custody, visitation and child support from the Indiana courts. From your post, it sounds like the "father" has done nothing to establish paternity. Therefore, the mother of the child has sole custody of the child.
Under Indiana law, Protective Orders are available for 1) victims of family or domestic violence
, 2) stalking
, or 3) sex offenses
. If she falls within one of these categories, she can petition for a Protective Order in the county where the petitioner currently or temporarily resides, the county where the respondent
resides, or the county where an offense occurred.Stalking
is a pattern of behavior. It includes two or more incidents of intentional and repeated harassment that reasonably caused her to feel frightened, intimidated or threatened.
For a judge to approve a Protective Order, the petitioner must allege that the respondent has attempted to cause, threatened to cause, or is causing physical harm to the petitioner, or that the respondent is actually placing the petitioner in fear of physical harm.
Below is a link to the necessary Indiana Court Forms that must be filed at the court and served on the "father." The link also includes the instructions for filing a Petition for herself and for filing a Petition on behalf of her child.
I hope you find this information useful.
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