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Putative dad can file paternity petition for child

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The Indiana Court of Appeals has ruled that although a putative father's paternity petition should be dismissed, he could proceed as the next friend of the alleged daughter in her paternity petition.

"We acknowledge the apparent anomaly that a putative father barred by one statutory section from petitioning for paternity on his own behalf may nevertheless succeed in filing, under a different statutory section, substantially the same petition as next friend on behalf of the child," wrote Judge Margret Robb. "Yet where two statutes appear inconsistent in some respect, we must give effect to both if possible."

In today's opinion In the Matter of Adoption of E.L., and In Re: the Paternity of E.L. b/n/f R.J.; R.J. v. V.N., No. 49A05-0902-CV-152, the appellate court concluded alleged father R.J. hadn't registered as E.L.'s putative father when the adoption petition was filed by V.N.'s new husband and couldn't proceed with his paternity petition. V.N. was unmarried at the time she had E.L. and no father was listed on E.L.'s birth certificate. Both parties believed R.J. was the father.

Indiana Code Section 31-19-5-12(a) says a putative father must register 30 days after the child's birth, or the earlier date of the filing of a petition for adoption or termination of the parent-child relationship of the mother. A putative father who fails to file within the specific deadlines listed in the statute waives notice of an adoption proceeding and gives implied consent to the child's adoption.

R.J. argued that because he had timely filed a paternity action, the issue of filing with the Putative Father Registry was moot, but the appellate court dismissed this argument. Under I.C. Section 31-19-5-6(b), the filing of a paternity action by a putative father doesn't relieve him of the obligation of registering or the consequences of failing to register, wrote Judge Robb. Even if he had timely registered, his instant petition is likely time-barred because the general time limit for filing a paternity action is two years, subject to six exceptions. R.J. didn't file until after E.L. was older than two, and he doesn't fall under any of the exceptions.

The trial court erred, however, in dismissing E.L.'s paternity petition filed by R.J. as a next friend. Indiana hasn't statutorily defined "next friend" but the Court of Appeals has held that a putative father is a proper next friend for purposes of a paternity action. Even though R.J. was barred in filing his own action, he is not time barred by filing as next friend for E.L. The time limitations defined in statute don't apply when the petitioner is the child.

"Ultimately, the trial court erred in dismissing the paternity petition with respect to E.L. because no Indiana statute sets forth applicable grounds for dismissing a paternity petition filed on behalf of a minor child by a next friend," the judge wrote.

The Court of Appeals remanded for further proceedings consistent with the opinion.

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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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