My question involves paternity law for the State of: Indiana
My fiancee got pregnant last year. She informed the father that she was pregnant and he was initially very interested, but more so in hooking up with her again. As time passed he stopped messaging her. She never sent updates or pictures to him. At one point, she made him aware she planned on keeping the baby and asked him if he was interested in helping to raise her. He said no and that he doubted it was his and he wasn't paying $500 for a test for it not to be his.
We got together and I helped take care of both of them, even after she moved back to where she was from for financial reasons. We moved into an apartment together after our daughter was born. We both work, go to school full time, and take care of her without the help of others. The biological father got himself a new girlfriend. We were afraid they would take us to court, so we kept an eye on them and took screenshots of posts they made where they were smoking marijuana. We have those and other posts.
A week ago, the girlfriend messaged my fiancee asking questions about the baby and gave some story about how she was jealous, thought it looked like her boyfriend, but was upset because they couldn't have kids. Without my knowledge or consent, my fiancee said it was his and that he never stepped up, but I had. Thus she had two parents that loved her anyways. She said okay. Later, she messaged again asking how she would feel about the boyfriend getting a DNA test. She also said that she was scared that if we agreed to the test, my fiancee and her boyfriend would fall in love with each other as a result. My fiancee messaged back to ask why, all of a suddenly did he want one. The girlfriend said he wanted to be in her life. She did not answer, to my knowledge and blocked them instead.
Since day one, it has been myself and my fiancee raising our daughter. I was in a major accident that same day she was born, and despite having a totaled vehicle, I travelled hours to be with them. We are all she knows, and she had never wanted for anything. I planned to adopt her after we got married, which could be at any given time. If this has any sway on the court, we would get married now. His name is not on the birth certificate. We had not communicated with them at all except for when the girlfriend tried to be friendly and ask the questions she did.
I am wondering if he tries to take us to court, will there hypothetically be enough in our favor and what are some keys things we can keep in mind if they decide to take it to court?
Our concern is that they might look and see we only live in a one bedroom apartment. Our daughter is 7 months and her crib is also in our room. We plan to move to a 2 bedroom apartment within the next month or so, but for now this is how we have to arrange things. She has also started saying momma and dada. I'm afraid that if they fought for custody she would be confused by suddenly being thrust into a half life with two individuals that are irresponsible and not safe for her to be around. They also live around 2 hours away from us, so that distance is also important to us.
Thank you for any advice given.
My fiancee got pregnant last year. She informed the father that she was pregnant and he was initially very interested, but more so in hooking up with her again. As time passed he stopped messaging her. She never sent updates or pictures to him. At one point, she made him aware she planned on keeping the baby and asked him if he was interested in helping to raise her. He said no and that he doubted it was his and he wasn't paying $500 for a test for it not to be his.
We got together and I helped take care of both of them, even after she moved back to where she was from for financial reasons. We moved into an apartment together after our daughter was born. We both work, go to school full time, and take care of her without the help of others. The biological father got himself a new girlfriend. We were afraid they would take us to court, so we kept an eye on them and took screenshots of posts they made where they were smoking marijuana. We have those and other posts.
A week ago, the girlfriend messaged my fiancee asking questions about the baby and gave some story about how she was jealous, thought it looked like her boyfriend, but was upset because they couldn't have kids. Without my knowledge or consent, my fiancee said it was his and that he never stepped up, but I had. Thus she had two parents that loved her anyways. She said okay. Later, she messaged again asking how she would feel about the boyfriend getting a DNA test. She also said that she was scared that if we agreed to the test, my fiancee and her boyfriend would fall in love with each other as a result. My fiancee messaged back to ask why, all of a suddenly did he want one. The girlfriend said he wanted to be in her life. She did not answer, to my knowledge and blocked them instead.
Since day one, it has been myself and my fiancee raising our daughter. I was in a major accident that same day she was born, and despite having a totaled vehicle, I travelled hours to be with them. We are all she knows, and she had never wanted for anything. I planned to adopt her after we got married, which could be at any given time. If this has any sway on the court, we would get married now. His name is not on the birth certificate. We had not communicated with them at all except for when the girlfriend tried to be friendly and ask the questions she did.
I am wondering if he tries to take us to court, will there hypothetically be enough in our favor and what are some keys things we can keep in mind if they decide to take it to court?
Our concern is that they might look and see we only live in a one bedroom apartment. Our daughter is 7 months and her crib is also in our room. We plan to move to a 2 bedroom apartment within the next month or so, but for now this is how we have to arrange things. She has also started saying momma and dada. I'm afraid that if they fought for custody she would be confused by suddenly being thrust into a half life with two individuals that are irresponsible and not safe for her to be around. They also live around 2 hours away from us, so that distance is also important to us.
Thank you for any advice given.
Court Proceedings: What Are the Chances of a Biological Father Getting Custody
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