ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Indiana Blogs -> Sam Hasler's Indiana Divorce & Family Law Blog

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Indiana

: Sam Hasler's Indiana Divorce & Family Law Blog

Mother Fails In Using Paternity Affidavit Against "Father"

ADVERTISEMENTS
Unlike the usual case attacking paternity affidavits, In the Matter of the Paternity of H.H., Richard Lucito v. Ericka M. Hughes (PDF format) has a woman and man both knowing that man was not father and the trial court setting aside the paternity affidavit after the man petitioned to establish custody, support, and parenting time of the child.

The Indiana Court of Appeals reversed the trial court. The Court of Appeals held that Ind. Code § 16-37-2-2.1(i) applies only when the mother fraudulently conceals the child's paternity from the alleged father. Neither the statutory language nor public policy supported setting aside a paternity order that was three years old.

Lucito is the only father H.H. has ever known. He was there when she was born, has provided for her financially and emotionally since her birth, and has continued to visit and support her after his separation from Hughes. He is her legal parent and has assumed all responsibilities attendant thereto. Changing his legal status at this late date is not in the best interests of H.H., Lucito, or our State.
Bottom line? Be very, very careful when signing off on a paternity affidavit, but I have tried to make that point before here and here.

Full post as published by Sam Hasler's Indiana Divorce & Family Law Blog on February 02, 2008 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Child Support
Disputing Paternity

Child Support
Finding the Noncustodial Parent ( Deadbeat Dads )

Lawsuits and Settlements

City Streets and Jake Aaron Strickland
$1.2 million wrongful death settlement awarded after a husband and father was killed by a convicted drunk driver.

Exploding iPod Touch
Mother of Injured Boy Sues Apple

Employee Theft
Mother and daughter ordered to pay $1 million settlement for writing false paychecks.

Labor and Delivery
Judge awards mother $6 million medical malpractice settlement after baby was born with brain injuries.

Child Abuse Settlement
The mother of 6-year-old Brandon Ford has accepted a $1.5 million settlement in a lawsuit that claimed the boy was severely brain damaged while in foster care...

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0137 secs (new cache)