When faced with a difficult situation involving legal matters, you will want to turn to someone who is knowledgeable, honest & assertive. We want you to know that at Gasparis & Zembillas, Attorneys At Law, we will advocate for your best interests and protect your rights.
With 2 locations in Crown Point & Valparaiso Indiana, we represent men & women in paternity and family law matters. We make certain that we keep our clients informed and updated regarding the status of their case and use straightforward language that is not clouded with legal speak. If you value compassionate representation, then choose us for your paterney law needs.
There are 2 reasons clients often seek a paternity lawyer. One reason is that someone wants to establish paternity, in order to help ensure future custody. Another reason is to fight claims of paternity so that a client does not need to pay child support because of mistaken identification.
According to I.C. 31-14-7-1, there are several situations in which a man is presumed to be a child’s biological father. This includes genetic testing ensuring 99% probability, an attempt of a man and woman to marry in compliance with the law, or if a child is born during a marriage, or within 300 days after it has ended.
Although the law presumes paternity in these cases, a rebuttal of definitive and convincing evidence can be presented to the court. In these cases, it is a good idea to have an attorney on your side, because the courts will require precise documentation. If the presumed father can show he had no access to the mother, was impotent at the time of conception, can contradict the DNA test, or was only around the mother when sexual intercourse could not have occurred, then the court can agree to nullify the paternity standing.
For fathers who wish to exercise their paternity rights and have been barred from doing so. At Gasparis & Zembillas Attorneys At Law, we can walk you through the necessary steps for establishing paternity and claiming a legal right. Many fathers do not realize that, in order to file for a paternity action in Indiana, they need to register with the Putative Father Registry. This legal mechanism can help ensure that a father’s rights are protected if a mother attempts to arrange an adoption or alternative custodial arrangement without their consent or knowledge. Enrollment in the registry can help ensure legal notice of a pending adoption petition.
There Are Many Benefits to Paternity -- Including:
Fathers: For unmarried parents, a paternity action (and possibly a paternity test) is required to secure your rights. Once paternity is established, you will have rights to child custody and, in some instances, child support.
Mothers: If you want to challenge or establish paternity, we can represent you. For mothers, establishing paternity will help ensure that you receive the child support necessary to raise your child. It can also be protection from any domestic violence matters.
Children: Your kids will get the support they are entitled to and have a role model in their lives. Establishing paternity can help your child adjust and grow up with support from both parents.
Juvenile Paternity Law
A paternity affidavit is one way to establish paternity. In this case, both the mother and father sign in agreement that the alleged father is the biological father. These affidavits can be signed at any point before the child has reached the age of majority, which is the point at which individuals can sign their own contracts. In Indiana, the age of majority is 21 years old.
The paternity affidavit should not be signed until one is sure of one’s paternity, because it is a fairly legally binding determination. Genetic testing to confirm or nullify the affidavit can only be requested during the first 60 days of signing. After this point, genetic testing cannot be requested for the purpose of challenging the affidavit.
Though signing an affidavit does assign paternity, many fathers will still need the help of an experienced paternity attorney after this point, because it does not make any change to established custody. Sole custody is automatically granted to the mother, even though the father is still obligated to provide support, usually in the form of financial child support. A further court order is needed to amend custody agreements and arrangements.
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