Questions for a friend?

[Imom]

He was never married to the mother. On Birth Certificates but no court orders for paternaty, custody, visitation or cs.

State is Indiana.

He went to the court house to file for the above. He was told all he can do is file for the paternaty after that comes back the mother would be granted full custody.

Then he could file for Custody, Visitation, and cs.

The children (2) live with the mother she refuses to allow him to visit.

I have heard of filling paternaty/cs together. But the courts told him he could not do that.

1. How does this process work.

[socrateaser]

>I have heard of filling paternaty/cs together. But the courts
>told him he could not do that.
>
>1. How does this process work.

Who told him he couldn't file for all simultaneously? An attorney or a court clerk?

There may be some Indiana requirement that one petitoin be filed prior to the other, but, more than likely, a properly written petition would ask the court, "in the interest of judicial efficiency," to rule on paternity, child support and custody as part of the same action. I.e.:

"Wherefore, Petitioner prays that the court declare and adjudicate the legal and equitable rights and duties of the parties, including whether Petitioner is the legal father of the parties' minor child, and, if so, then the matters of legal custody and child support."

[Imom]

It was the clerk.......He was told that he could file nothing unless he filed for paternaty first.

I have heard several times of "father" filing all at once. Heck I went through the prosecutors office about six years ago and they did all at once.

Although in my case my bf did not deny the kids were his and wavied his right to DNA. Ane we went together.

My friend does not deny the children the clerk stated that did not mater he had to have a DNA test done.

[socrateaser]

>It was the clerk.......He was told that he could file nothing
>unless he filed for paternaty first.
>
>I have heard several times of "father" filing all at once.
>Heck I went through the prosecutors office about six years ago
>and they did all at once.
>
>Although in my case my bf did not deny the kids were his and
>wavied his right to DNA. Ane we went together.
>
>My friend does not deny the children the clerk stated that did
>not mater he had to have a DNA test done.

Court clerks are not attorneys, and they are specifically forbidden to give legal advice, although they frequently do, anyway. The advice may or may not be correct. However, if you file a sutably prepared petition with wording similar to what I provided, the court will almost certainly hear the entire matter as part of the same case -- regardless of what the clerk thinks.

I really can't give you more specific info, however. You'll have to consult with a local attorney for detailed procedures, but the clerk can't refuse to file your petition as long as it is properly formatted.