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Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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our son has had his daughter since october 2012 and has been

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our son has had his daughter since october 2012 and has been providing for her 100 per cent my son and his daughters mother have never been married (both live in indiana) he has let her see their daughter every other weekend if she bothers to contact him. she has decided now that school is over that she wants to keep her full time but he wants to keep her but doesn't know if he tries to not let the mom have her back if she can call the police and they would come over and take her from his custody or if he has just as much right to keep her. she has been receiving money and food stamps from the state and has not even offered to give him any help. is it within his legal rights to keep her?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your son's difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Has your son established paternity/custody by court order?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.

no not yet. she wants him to go down with her to the child welfare office to sign an affadavit that says he is the father but she also wants him to sign papers for child support. he was giving her $100 a month until we got her in october and we got her because she dropped the daughter off at the ex boyfriends supposedly for the weekend and never came and got her or returned phone calls etc from either the ex or our son or us. we got a phone call from her saying to pick his daughter up at the ex and when we got there he informed us of what happened. she never tried to get hold of nick to ask him for help.


I see. Thank you for clarifying the situation.

Under IN law, your son would not typically have equal rights to custody of the child until he has obtained a court order since he was never married to the mother.

If he did not sign a paternity affidavit within 72 hours of the child's birth, he must typically establish parental rights by filing a petition with the local court. Until a court rules on that petition, it is basically as though the child has no father and his rights will not be recognized unfortunately.

Here is a link which summarizes the law in IN:

It would be best for him to retain a local family law attorney to represent him in this matter. Until your son establishes his rights, the mother can legally keep his child from him I'm sorry to say, even if it is not in the best interests of the child.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!


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