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Old 07-18-2016, 02:03 PM   #1
cg1234 Female
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Default legal paternity issue

My question involves paternity law for the State of: Indiana

Ill try to make this short and sweet. I have a 4 year child. Paternity affidavit was completed and child's fathers name is on birth certificate. My ex and I broke up about yr and a half ago. There has never been a court order for visitation or child support. Up until the last few months, ex's parents have been meeting me for the drop off of our child for visitation. Ex has been helping financially by paying for a vehicle payment that was purchased while we were together. (I have since purchased car and he no longer makes payment, but has yet to sign over title.) I recently have become engaged. Ex tried to "win" me back and was unsuccessful, confrontation began. Ex has decided that he will be the one meeting me now for visitation. Problem is, we live in two different counties and meet half way which is in the middle of nowhere. I do not feel safe meeting in this location as he has been confrontational in the past in front of child when meeting, calls me names continuously, and has threatened me physically in the past. Last meeting took place a month ago. Ex refused to meet in a public place and told me if I wanted my daughter back, I would meet him in same place as always, or she would stay with him. Which is not the first time he has threatened to keep child. I then had an officer do a "stand by", ex was disrespectful and confrontational to me and officer. Officer advised me to get our agreement legalized to prevent any conflict with getting child back. I met with an attorney who advised me to go through prosecutors office initially as it was cheaper. Ex at first agreed to cooperate and sign papers however was adamant about me dropping child's health insurance so he could pick up insurance at his work place. He then decided he was not going to sign and has hired an attorney "since I have chosen to keep child away from him for no reason", whom I have yet to hear from. Court date is set in a couple weeks for child support and visitation. It will be 6 weeks at that point since he will have seen child. Attorney has advised along with police officers from both counties to wait for visitation until there is a court order....... of course, ex is livid....asks for child continuously and calls me names. If he would have just signed initial paperwork, he would have only missed one visitation weekend, which I offered to give him mine to make up for his lost time.
My questions:
1. From a legal standpoint, why wouldn't he just sign initial paperwork, so we could be done with this? Motives? Possible custody case ahead of me?
2. Am i going to be in trouble for not allowing him to see child until this is settled?
3. My wedding falls on a holiday weekend that he will have child on if we go by guidelines. It has been scheduled for months and was scheduled on this day so fiance and I could have all of our children there. Ex and I have never acknowledged this holiday wknd, and wknd WOULD have been "my" wknd previously. Is there anything I can do to assure child will be at wedding?
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Old 08-01-2016, 04:26 PM   #2
mommaslove124 Female
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Default Re: legal paternity issue

Im guessing he didn't sign the paperwork to make things harder on you. It seems he likes to inconvenience you. You have not court order in place now so I wouldn't think you would get in trouble for not letting him see your child, especially with the confrontations you have had and the suggestions from officers in both areas.
He will probably get joint legal custody but I doubt it would be joint physical custody. Even if you don't acknowledge the holiday, its still his. My suggestion would be to bring it up while your at court. If you can get a judge to sign off on a holiday switch then you wont have to go by the guidelines for that holiday and she can be at your wedding. If you don't get an order from the court saying you get to keep her on his holiday then my guess would be that he isn't going to just give her to you just to be mean.
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