Want to Set Aside a Paternity Affidavit in Grant County, Indiana?

Then get a DNA test before going to court. That is right, get a DNA test so that the paternity court can order a DNA test.

Such is my conclusion from a recent case I had in Marion. Since the client chose not to appeal the case, I think I am free to write what I think about the court's decision. Does not change anything but maybe it will educate the public.

I relied on In re the Paternity of M.M., 889 N.E. 2d 846 (Ind. App. 2008). I wrote about this case here. As I read the case, the remedy was for the court to order DNA tests and not to set aside the paternity affidavit until there was a DNA test.

The Commissioner of Grant Superior Court Two for the Title IV-D court read the case a bit differently. You can read his decision here (PDF format).

In my opinion he seized hold of the fact that in M.M, that there were DNA tests conducted before filing of the petition to set aside to ignore that M.M. did not require a failure of DNA tests but facts learned outside of court proceedings.

Of my proposed findings, you can read a revised copy here (PDF format).and my Motion to Correct Errors here (PDF format).and the court's ruling on that Motion to Correct Errors here (PDF format)..

If anyone would care to discuss this decision and my arguments, the comments section is right below. I think there are some logic problems with the court's decision. I am also a bit less than objective about this case, and would be glad to hear of any points I missed.