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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. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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