Paternity And Custody Concerns

Summary

In Indiana, the man who signs the birth certificate is presumed to be the father. A man alleging paternity can file a suit but must provide evidence. Custody is based on the childs best interest. If a paternity test confirms another man as the father, it may lead to changes in custody and support. Employment at a local jail is unlikely to be a conflict of interest. Courts aim for fairness, and personal relationships should not influence decisions. You can file a motion to recuse the judge if you believe a conflict exists. Transferring the case to Kentucky may be possible based on the childs connections and evidence. Consult a lawyer for personalized advice.

Full Conversation

I have a few questions regarding Family law & custody.
Sure, I'd be happy to help with your questions about family law and custody. Could you please tell me your location as laws can vary depending on the state or country?
Nashville Indiana
Hello Brailey, thank you for providing your location. In Indiana, child custody decisions are made based on what is in the best interest of the child. Can you tell me more about your specific situation?
So my fiancé and I have been together, 7 years last year we split up and I was with another guy off and on, but I was still sleeping with my fiancé at the same time, I got pregnant and I was sure it was my fiancés kid based on the timing and the fact that me and the other guy used protection my fiancé and I didn’t. So fast forward I went through my whole pregnancy with my fiancé by my side, when our child was born he signed the birth certificate, our son is 3 months old and that guy is now filing for paternity. And full custody… I just don’t know where to start or what to do.
Your situation involves complex legal matters of paternity and custody. In Indiana:
*. The man who signs the birth certificate is presumed to be the father.
*. A man alleging paternity can file a paternity suit, but must provide evidence.
*. Custody is determined based on the best interest of the child.
You should seek legal counsel for guidance.
If the alleging paternity test comes back that he is the father can we get in trouble?
In Indiana, if a paternity test confirms that the other man is the biological father, it doesn't automatically mean "trouble" for you. However, it may lead to:
- Revisions in child custody arrangements.
- Changes in child support.
- The possibility of amending the birth certificate.
You should consult a legal professional for personalized advice.
Okay, and what if the other man worked for the local county jail where he filed for this case? And quit long enough to have the court date but plans on going back after? Is that conflict of interest
In general, a conflict of interest arises when a person's professional duties interfere with their personal interests. For this situation:
- It's unlikely to be a conflict of interest.
- His employment at the jail is separate from his personal legal case.
- Courts operate independently of local jails.
Consult a lawyer for a more detailed understanding.
So even though he has connections with everyone in the court system considering he worked with them ? I just feel like everything is going to be in his favor considering his attorney is one of his good friends he worked with in the jail, and she knows the judge really well.
In your situation, it's essential to remember that:
- Courts are committed to fairness and impartiality.
- Personal relationships should not influence the court's decisions.
- If you believe a conflict of interest exists, you can file a motion to recuse the judge.
- Consult with a lawyer to discuss these concerns.
Can I transfer it out of that county? If I reside in Kentucky and he filed in Indiana?
In your situation, the possibility to transfer the case may exist. Factors considered include:
- If the child has significant connections with Kentucky.
- If substantial evidence about the child's future is in Kentucky.
- State laws and interstate agreements.
Consult a lawyer in Kentucky for more precise advice.