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Old 08-10-2010, 09:39 AM   #1
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Question protective order and paternity

Okay. I'll start with basics.
I live in Indiana.
My son is 2 1/2 years old.
I was never married to the father.
The father's name is NOT on the birth cert.
We have never been to court.

Okay. Now the situation and question. I recently was awarded a protection order against the father for sex offenses (he kisses me, bites me, and grabs my butt). We have never been to court for anything, not even paternity. I read that paternity affidavits can be filed up until 2 years after the child is born. But then a lawyer told me that he could file a paternity affidavit as "next friend" of the child to establish paternity. the father has helped out with maybe 2 packages of diapers, a handful of pairs of shoes, and maybe about 20 outfits in my son's entire life. i guess what i would like to know is with this protection order, would he be able to take me to court for paternity, child visitation, etc?
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Old 08-10-2010, 09:57 AM   #2
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Default Re: protective order and paternity

does he see the child at all?
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Old 08-10-2010, 09:59 AM   #3
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Default Re: protective order and paternity

he sees the child about once every 3,4,5,6,7,8,9 weeks...basically when he feels like coming to see him...or at least used to. i filed the protection order yesterday.
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Old 08-10-2010, 10:46 AM   #4
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Default Re: protective order and paternity

The child doesn't live with you either? It's unclear how you only recently (yesterday) file and won a protection order against him for "sex rough play" yet he sees the child every 2,3,4,5,6,7,8,8,9 weeks. How is that he is around you, so close that you are still having sex with him, but he's not around the child?
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Old 08-10-2010, 11:04 AM   #5
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Default Re: protective order and paternity

no. i have boyfriend and he crossed his boundaries with the child present. he showed up at my house unannounced where my son lives with me.
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Old 08-10-2010, 11:05 AM   #6
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Default Re: protective order and paternity

Plus, this time, he hadn't seen him in 2 months with no contact and then just shows up one day.
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Old 08-10-2010, 12:19 PM   #7
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Default Re: protective order and paternity

Let me make sure I'm understand you correctly. The father of your child shows up unannounced at a resident you share with a current boyfriend and makes sexual advances towards you?

Yes. Even with a protection order against him, he can still petition the court for custody/visitation. The child's relationship with his father is independent of the father's relationship with you.
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