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Not all parents in Indiana were married at the time of their child’s birth. If you are one of them, you may find that the legal landscape regarding your parental rights and duties may differ from the norm. While you may share a bond with your child, your legal standing depends heavily on specific state laws. Understanding how the state treats custody and paternity is the first step in protecting yourself and your child.
Default positions
In Indiana, the law is very specific regarding the initial custody of a child born to unmarried parents. Under Indiana Code § 31-14-13-1, the biological mother has sole physical and legal custody by default. Thus, the mother generally holds the authority to make major decisions such as schooling and housing. That is, unless or until a judge enters a custody order.
For biological fathers, this default position means that active involvement does not automatically lead to parental rights. Thus, they must take specific steps to establish their rights.
How fathers establish rights
To have legal rights to his children in Indiana, a father should establish paternity. Even a listing on the birth certificate does not automatically mean they have custody or even visitation rights. There are two common ways to establish paternity:
- Paternity Affidavit (Voluntary Acknowledgment): This is usually done at the hospital immediately following the birth or at a local health department. This can establish legal paternity without a trial, but does not always result in a 50/50 custody split.
- Court action to establish paternity: You may consider this method if you and your partner disagree or are uncertain about paternity. Either parent can file a paternity case, and the court can order genetic testing.
Once the father establishes paternity, parents can finalize formal parenting plans and schedules. Additionally, you can ask the court to grant joint custody based on the child’s best interests.
Your child’s future
Navigating parental rights and responsibilities may be complex between unmarried co-partners. Additionally, both parents should consider formalizing custody arrangements through the court system, even if you currently get along.
A court-ordered custody agreement protects each parent’s rights and provides clear guidelines if circumstances change. If you are facing custody issues, consider reaching out to legal counsel to assess your options.