Paternity in Indiana: Why Establishing Legal Fatherhood Matters
Introduction
Establishing paternity is an essential step for unmarried fathers in Indiana who want legal recognition as their child's parent. Without legal paternity, fathers have no automatic rights to custody, visitation, or decision-making. Additionally, children benefit from paternity establishment through financial support, medical benefits, and inheritance rights.
In this guide, we’ll cover:
✅ The benefits of establishing paternity for both fathers and children
✅ The legal process of establishing paternity in Indiana
✅ How to protect your parental rights as an unmarried father
Why Establishing Paternity Matters
For both the father and child, establishing paternity has critical benefits:
1. Fathers Gain Legal Rights
Without legal paternity, an unmarried father has no legal claim to:
Custody or parenting time (visitation)
The right to make decisions about the child’s upbringing
The ability to prevent adoption of the child
Once paternity is legally established, fathers can petition for custody and parenting time, ensuring their role in their child's life.
2. Children Gain Important Benefits
When legal paternity is established, children can access:
Child support to help with their needs
Health insurance and benefits from the father’s employer
Inheritance rights from the father
Medical history access, helping diagnose genetic conditions
Without legal paternity, a child may be denied financial and medical benefits from their father.
How to Establish Paternity in Indiana
Fathers can establish paternity in three ways under Indiana law:
1. Voluntary Paternity Affidavit (VPA) – The Easiest Option
If both parents agree on the father’s identity, they can sign a Voluntary Paternity Affidavit (VPA):
✅ Completed at the hospital when the child is born OR later at the local health department
✅ Grants the father legal paternity rights
✅ Can be signed without court involvement
🛑 Important: If a father signs a VPA and later questions paternity, he must legally challenge it within 60 days. He may also have to go to court to establish a custody and parenting time order if the parents cannot agree on a schedule.
2. Court-Ordered Paternity (For Disputes or Uncertainty)
If there is a dispute about paternity, or there is a dispute about custody and parenting time, the case must go through family court:
1️⃣ One parent files a Petition to Establish Paternity
2️⃣ The court may order a DNA test
3️⃣ If paternity is confirmed, the court will issue a legal order establishing paternity
4️⃣ The father can then request custody or visitation through this process
3. Paternity Through the Indiana Department of Child Services
If a child’s mother seeks child support, an Indiana Child Support Prosecutor may open a paternity case. This often includes a mandatory DNA test to confirm biological paternity before support orders are issued. It would also include a hearing to calculate child support. Issues of custody and parenting time are often not decided through this process, but a parent can ask that these issues be included in any hearings on child support.
What Happens After Paternity is Established?
Once legal paternity is confirmed, fathers can:
✔ Seek custody or parenting time through the court
✔ Prevent adoption of the child without their consent
✔ Be listed on the child’s birth certificate
✔ Be held legally responsible for child support
🛑 Important: Paternity alone does NOT automatically give a father custody or visitation—he must file for these rights separately.
Can a Mother Refuse a Paternity Test in Indiana?
If a mother refuses a paternity test, a father can:
🔹 File a petition with the court requesting DNA testing
🔹 Present evidence that he is the child’s biological father
🔹 Ask for a court order mandating testing
Courts prioritize the child's best interests and will generally approve DNA testing in disputed paternity cases.
Why You Need a Paternity Attorney
Establishing paternity is the first step in protecting a father’s parental rights. However, custody, visitation, and child support require additional legal action. An experienced Indiana paternity attorney can help:
✔ File a Petition to Establish Paternity if needed
✔ Ensure fair custody and parenting time arrangements
✔ Challenge false paternity claims
✔ Defend against child support disputes
Conclusion: Take Action to Secure Your Parental Rights
If you are an unmarried father in Indiana, establishing paternity is crucial for securing custody, visitation, and a meaningful role in your child’s life.
📞 Take the next step today! Contact Vining Legal LLC at (317) 759-3225 or schedule a consultation to protect your rights as a father.
