Secure Your Parental Rights: Navigating Paternity in Indiana

Whether you’re establishing custody, parenting time, or child support, the paternity process is the first step in securing a stable future for your family

If your child was born outside of marriage, establishing paternity is a critical step toward protecting your parental rights and creating a stable future. Through this legal process, you can secure custody, parenting time, and support orders that bring clarity and certainty to your family’s life.

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What Is Established in a Paternity Case?

When paternity is established, it opens the door to critical court orders regarding custody, parenting time, and child support. These issues are decided based on what is in the best interests of the child.

Custody and Visitation

The court may determine which parent will have legal and physical custody of the child. In Indiana, courts focus on the child’s best interests, evaluating factors like stability, the child's relationship with each parent, and the ability of each parent to provide care. Custody decisions fall into two categories:

  • Legal Custody: Involves making significant decisions about the child’s education, healthcare, and upbringing.

  • Physical Custody: Refers to where the child resides most of the time.

Key factors courts may consider:

  • The wishes of the parents and the child (depending on the child’s age).

  • The child’s relationships with siblings and each parent.

  • The physical and mental health of all parties involved.

  • Each parent’s willingness to foster a meaningful relationship between the child and the other parent.

Parenting Time

Parenting time establishes a schedule for when the non-custodial parent will spend time with the child. Courts often refer to the Indiana Parenting Time Guidelines, which provide a framework for shared parenting schedules. The guidelines account for the child's age, schooling, and special circumstances, while promoting healthy parent-child relationships.

Common parenting time considerations:

  • Equal parenting time or standard schedules.

  • Holidays, school breaks, and vacation time.

  • Adjustments for the child’s developmental needs.

Child Support

Child support ensures that the child’s financial needs are met. The amount is calculated based on the Indiana Child Support Guidelines, which consider both parents’ incomes, childcare costs, healthcare expenses, and the child’s needs.

Child support orders aim to:

  • Provide for basic living expenses like food, shelter, and clothing.

  • Cover educational and extracurricular activity costs.

  • Allocate medical expenses and insurance coverage responsibilities.

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What Happens if you Don't Establish Paternity?

Without establishing paternity, you may lack a clear plan to manage your family dynamics effectively. This often leads to challenges like one parent dictating the terms, disagreements on parenting time, or even a complete breakdown in communication between parents. Without legal clarity, these issues can become overwhelming.

Starting the paternity process early is essential. An experienced attorney can help you take control of the situation, protect your parental rights, and create a plan that works for your family. Filing sooner rather than later avoids complications, such as missed legal deadlines or lost opportunities to spend time with your child.

Taking action may feel daunting, but it’s a critical step toward building a stable and positive future for your family.

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“Nathan handled my child custody case with exceptional professionalism. He did exactly what he said he would do and delivered the results he promised. I am extremely pleased with his representation and grateful to have him as my lawyer.”
— M.F.

How Is Paternity Established in Indiana?

Paternity can be established through several methods, depending on the circumstances. Establishing paternity sets the foundation for legal orders regarding custody, parenting time, and child support.

  • DNA Testing: Paternity can be confirmed through DNA testing if there is uncertainty about a child’s parentage. This scientific method is highly accurate and resolves disputes. However, DNA testing is not always required if parents voluntarily agree to establish paternity.

  • Paternity Affidavit: Parents can sign a Paternity Affidavit at the hospital or later through the local health department, affirming who the biological father is. This voluntary agreement avoids the need for court involvement or testing.

  • Court-Ordered DNA Testing: If paternity is contested, the court may require DNA testing to determine parentage before issuing legal orders.

Even if paternity is established at the hospital, you will still need to go through the courts to secure custody and parenting time orders. This step ensures your parental rights are legally recognized and protected.

Case Study: Establishing Paternity for a Consistent and Meaningful Relationship

Situation:
Our client, a father, had signed a paternity affidavit at the time of his child’s birth but had never taken the steps to establish paternity through the courts. Without a court order in place, he was seeing his child sporadically and missing significant moments such as birthdays and major holidays. The lack of structure led to frustration and uncertainty for both the father and the child.

Action Taken:
We filed a petition to establish paternity in court, ensuring that our client’s parental rights were formally recognized. Through the legal process, we worked to negotiate and secure a custody and parenting time order that created consistency for the child and fairness for both parents.

Outcome:
The court issued a custody and parenting time order that was enforceable, allowing our client to have regular and meaningful contact with his child. He now enjoys consistent time with his child, including alternating major holidays and sharing in special occasions like birthdays. This court order provided clarity, stability, and a stronger foundation for their parent-child relationship.

Why This Matters:
Establishing paternity through the courts not only secures a parent’s legal rights but also fosters a consistent and stable environment for the child. This case highlights the importance of having a formal custody and parenting time plan to ensure both parents can actively participate in their child’s life and milestones.

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The Paternity Process: Step-by-Step.

Preliminary Hearing

The first step in a paternity case is the preliminary hearing. The court reviews the initial facts, determines whether DNA testing is needed, or confirms if the parties agree on paternity. If there’s agreement, the court can issue temporary orders for custody, parenting time, and child support to address immediate concerns while the case progresses.

Discovery

Discovery is the evidence-gathering phase. This involves exchanging financial information, obtaining school or medical records, and possibly engaging third-party professionals, such as a custody evaluator or guardian ad litem. These experts provide additional insights and recommendations to the court, although their involvement isn’t required in every case.


Mediation

Mediation is often required by courts to encourage the parties to reach an agreement outside of trial. Even if an agreement seems unlikely at first, mediation can lead to unexpected resolutions. We’ve seen success in helping families find solutions through this process, reducing the need for lengthy court hearings.

Final Hearing

The final step is a full or half-day hearing where both parties present their cases to the court. This includes witness testimony and evidence supporting your paternity, custody, and parenting time goals. The court uses this information to make a final determination in the best interest of the child.

FAQs

  • Paternity can be established voluntarily through a Paternity Affidavit (often signed at the hospital) or by filing a case in court. If contested, the court may order DNA testing to confirm parentage. Once paternity is established, the court can issue custody, parenting time, and child support orders.

  • No, a DNA test is not always required. Paternity can also be established voluntarily if both parents agree by signing a Paternity Affidavit. However, if there is uncertainty or disagreement, the court may require DNA testing.

  • Establishing paternity is essential for securing legal rights for both parents and children. It ensures access to custody, parenting time, and child support orders. It also provides the child with rights to benefits like health insurance, inheritance, and a sense of identity.

  • Without establishing paternity, the biological father does not have legal rights to custody or parenting time, and the child may not receive financial support or other benefits from the father. The mother retains full legal rights in such cases.

  • Indiana courts focus on the "best interests of the child," considering factors such as the child’s relationship with each parent, stability, the parent’s ability to meet the child’s needs, and any history of abuse or neglect.

  • The timeline can vary depending on whether paternity is contested and the court's schedule. Court-ordered paternity cases may take weeks or months.

Take the Next Step Toward Resolving Your Paternity Case

Our team at Vining Legal is here to help you take the first step toward securing custody, parenting time, and child support arrangements. Contact us today in whichever way works best for you:

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