Wednesday, October 31, 2007

Paternity - who can file - other fathers?

Other fathers?

Yes. Remember when a woman is married to a man and has a child, the law presumes the man is the father. That is not always true.

If another man may be the father, he can move to have paternity established. IN RE THE PATERNITY OF K.B.G. (PDF format; Indiana Court of Appeals, 10/24/07) is a Not-for-Publication case dealing with this situation.

One important point that needs made here is that if there is a paternity question during a divorce, then have paternity determined. If either one of the parties to a divorce knows that another man might be the child's father, then that man needs to be brought into the divorce case.

Definitely not the sort of case to do on one's own. If a divorce is pending, the other man must intervene in that case. For properly doing an intervention, you need a lawyer.

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