Introduction: Understanding Fathers’ Rights in Indiana

Many unmarried fathers in Indiana assume they automatically have rights to custody or parenting time with their child. However, under Indiana law, a father must establish paternity before seeking custody or visitation rights.

Without legal paternity, a father has no legal say in decisions about the child’s upbringing, including:
✔ Where the child lives
✔ Parenting time (visitation) schedules
✔ Medical care and education choices
✔ Child support obligations

This guide explains:
✔ Why establishing paternity is crucial for custody
✔ What rights an unmarried father has before paternity is confirmed
✔ The legal process of filing for paternity in Indiana
✔ How paternity impacts child support and decision-making
✔ Steps fathers should take to protect their parental rights

📞 Need to establish paternity and secure your rights? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.

Can an Unmarried Father Get Custody Without Establishing Paternity?

🚨 No. In Indiana, an unmarried father has no legal rights to custody or parenting time until paternity is established.

📌 Even if the father’s name is on the birth certificate, this alone does not give him legal custody rights—he must still establish legal paternity.

➡ Related Read: Learn how to fight for custody as a father.

Why Establishing Paternity Is Crucial for Custody and Parenting Time

👨‍👦 Legal paternity gives a father the right to:
✔ Request custody or parenting time (visitation)
✔ Be involved in important medical, educational, and legal decisions
✔ Have the child inherit from them

🚨 Without establishing paternity, a father has NO legal say in the child’s life.

What Rights Does an Unmarried Father Have Before Paternity Is Established?

Before paternity is legally confirmed, the biological father has:
❌ No custody or parenting time rights
❌ No say in legal decisions about the child
❌ No ability to prevent adoption

📌 However, the mother can request child support, even if the father has no custody rights.

➡ Related Read: Learn how child support works for unmarried fathers in Indiana.

How to Establish Paternity in Indiana

There are three ways a father can establish paternity:

1. Signing a Voluntary Paternity Affidavit (VPA)

✅ If both parents agree, they can sign a Voluntary Paternity Affidavit (VPA) at the hospital or later at the health department.
✅ This legally recognizes the father as the child’s legal parent.
✅ The father can then petition for custody or parenting time.

📌 TIP: If there is any doubt about paternity, a father should NOT sign a VPA without a DNA test.

2. Filing a Paternity Action in Court

✅ If paternity is disputed, the father can file a Petition to Establish Paternity in an Indiana court.
✅ The court may order a DNA test to confirm biological paternity.
✅ Once confirmed, the court can grant custody, parenting time, and determine child support obligations.

📌 TIP: If the mother refuses to cooperate, an attorney can help file a court order for DNA testing.

3. Paternity Established by Court Order

🚨 If neither a VPA nor a voluntary paternity action is filed, a court may establish paternity through a child support or custody case.
A judge can require genetic testing and issue a court order declaring legal paternity.

How Paternity Affects Child Support and Decision-Making Rights

Child Support Responsibilities

📌 Once paternity is established, the father may be required to pay child support.

Indiana Child Support Guidelines consider:
✔ Each parent’s income
✔ Parenting time schedules
✔ The child’s needs (healthcare, daycare, education)

📌 TIP: A father can still request parenting time and custody—child support does NOT mean automatic full custody for the mother.

➡ Related Read: Learn how to modify child support payments.

Legal Decision-Making Rights (Custody & Parenting Time)

🏡 Legal Custody – The right to make major decisions about the child’s life (healthcare, education, religion).
🕰 Physical Custody – Where the child primarily lives.
📅 Parenting Time – The visitation schedule for the non-custodial parent.

Once paternity is established, a father can petition for:
✔ Joint custody (shared decision-making rights)
✔ Parenting time or primary custody
✔ The right to make legal and medical decisions for the child

📌 TIP: Courts base custody decisions on the child’s best interests—not on gender.

➡ Related Read: Learn how courts determine custody in Indiana.

Steps Fathers Should Take to Protect Their Parental Rights

If you are an unmarried father, take these steps to secure your rights:

✔ Establish paternity ASAP—either through a VPA or court order.
✔ Avoid signing any documents without a DNA test if paternity is in doubt.
✔ Petition for custody and parenting time once paternity is confirmed.
✔ Pay child support if ordered by the court to avoid legal penalties.
✔ Work with an experienced family law attorney to navigate custody and support issues.

📞 Need to establish paternity and protect your rights? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation.

Conclusion: Take Action to Protect Your Parental Rights

🚨 A father in Indiana CANNOT get custody or parenting time without first establishing paternity.

To secure your rights:
✔ Legally establish paternity through a VPA or court order.
✔ Petition for custody, parenting time, and decision-making rights.
✔ Work with a family law attorney to protect your rights as a father.

📞 Need legal help? Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation today.