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Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 35304
Experience:  Attorney with 16 years experience
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I have an unwed daughter living with us (her family) at

Customer Question

I have an unwed daughter living with us (her family) at home. The child is now 6 weeks old. The affidavit was signed at the hospital by both mother and father with my daughters last name and her having full custody rights under the state of Indiana by-laws.
Under Indiana by-laws can you tell me exactly what my daughter has to allow the boys father to do as far as visitation, over nights etc. ?
Both parties do have a court arrangement in January but wanted to make sure we are doing the right thing until then.
Thanks much!
Submitted: 1 year ago.
Category: Family Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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In a situation like this, if there is no court order in place, then both parties have exactly equal rights to the child. When the father signed the birth certificate or affidavit of paternity, then he becomes the presumptive father and is put on equal legal ground with the mother.

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What this means is that whoever has physical custody of the child has the right to continue that custody and the other parent can't force them to surrender physical custody without a court order. So if mother has the child, the presumptive father can't force her to allow him to have physical custody or even visitation.

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However, the door swings both ways and if the father is in physical custody of the child, he could refuse to return the child to the mother until there is a formal court ordered custody/visitation schedule put in place.

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So legally whoever is presently in physical custody of the child has no legal duty to allow the other parent to have custodial time if they feel that it is not in the child's best interests.

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thanks

Barrister

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