What rights does a father have if he never signed the birth certificate?

Asked almost 2 years ago - Plymouth, IN

My son lives with his father and grandmother, she offers to watch him while the both of us are at school. The father doesn't want him to go into daycare which is at a church or for me to have him full time. He never signed the birth certificate and I never signed a paternity affidavit. I did how ever have a paternity test done and it's 99.999% positive he's the father.

Attorney answers (1)

  1. Jeffery Michael Haupt

    Contributor Level 14

    Answered . If there has never been a court order then under Indiana law, the mother will be presumed to be the custodial parent in a case where the child is born out of wedlock. It's not quite as simple as that as he could be acting as a defacto custodial parent, which would be a valid argument in court.

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