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xavierjd
xavierjd, Lawyer
Category: Family Law
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Experience:  20 yrs exp. in divorce, custody, visitation & support .
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If a child is born out of wedlock, with no parental rights

Resolved Question:

If a child is born out of wedlock, with no parental rights requested or granted to the biological father, and without even their name appearing on the birth certificate, and no child support ever being provided, must the biological mother provide access to or any legal attachment to the biological father?

Also, if that same biological father is sending threatening messages and using intimidation to harass and abuse the biological mother does she have standing in the courts to ask for and be granted a Restraining Order or other type of Protective Order to provide for reasonable safety for herself and her child to include access to her child?
Submitted: 1 year ago.
Category: Family Law
Expert:  xavierjd replied 1 year ago.
Thank you for using JustAnswer.com It will be my pleasure to assist you today.

Is there any Order entered by the family court granting you sole custody?

Thanks
Customer: replied 1 year ago.


Not to my knowledge

Expert:  xavierjd replied 1 year ago.
Hi Brad,

I want to look up a couple of things for you. I will be back with an answer asap.

Thanks for your patience.
Customer: replied 1 year ago.


No problem.....my interest is on behalf of this friend, she is currently being harassed via email, text and phone calls which started with the biological father wanting a part of her Tax Refund check (w/out co-filing, co-habitation, and w/out Paternity rights with the child or any support financial or otherwise being provided) and now it is focused on visitation. She is understandably scared and not comfortable with any contact between the child, herself and the biological father(By the way no DNA test or verification has ever been completed either to verify fatherhood).


 


Thanks for your help.

Expert:  xavierjd replied 1 year ago.
Hi Brad,

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.

http://www.in.gov/judiciary/center/2645.htm


I hope you find this information useful.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

Xavierjd
xavierjd, Lawyer
Category: Family Law
Satisfied Customers: 3400
Experience: 20 yrs exp. in divorce, custody, visitation & support .
xavierjd and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.


Thank you so much. I will be passing this information onto the Grandmother and Mother of the child so that they can continue the process. Thank you for giving validation to their concerns and layman understanding of the Indiana law.


 


With Regards,


 


Brad


 


I will certainly be a favorable reference for others to visit your site and get advice in a timely manner and at a reasonable cost. Thanks JustAnswers.com

Expert:  xavierjd replied 1 year ago.
Hi Brad,

You are very welcome.

Best wishes,

Xavierjd

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xavierjd
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20 yrs exp. in divorce, custody, visitation & support .