Paternity in Indiana
If you have a child that was born out of wedlock, you need to go to court to establish custody and parenting time orders. This process is known as filing to establish paternity. Going through the paternity process can help you find certainty for your family.
How Do You Establish Paternity?
The process begins with filing a Petition to Establish Paternity. This petition identifies the parties, provides information about the child, and indicates whether or not a paternity affidavit was signed. After the petition is filed the parties can work through issues involving legal custody, physical custody, parenting time, and child support. The parties are free to reach agreements about these issues or involve the court if the parties are unable to agree.
DNA Testing
The court does not require genetic testing if the parties are in agreement about paternity. If the parties do not agree, the court will order that genetic testing occur to determine paternity. If this is done, an accredited laboratory will swab both the child and father for DNA to determine if there is a match. The test results can then be entered into evidence in court to show that the man is or is not the father. If he is the father he will receive all of the rights and responsibilities of a parent and can establish custody, parenting time, and child support at that time.
Custody and Visitation
When a child is born out of wedlock, the mother has legal and physical custody unless they agree to share custody in a paternity affidavit. This custody can then be modified through the paternity action where the court will make decisions about legal and physical custody. When making these decisions , the court will decide custody pursuant to what is in the best interests of the child. When making this decision there is not a preference for either parent, but the court shall consider all relevant factors, including:
(1) The age and sex of the child.
(2) The wishes of the child’s parents.
(3) The wishes of the child, with more consideration given to the child’s wishes if the child is at least fourteen (14) years of age.
(4) The interaction and interrelationship of the child with:
(A) the child’s parents;
(B) the child’s siblings; and
(C) any other person who may significantly affect the child’s best interest.
(5) The child’s adjustment to home, school, and community.
(6) The mental and physical health of all individuals involved.
(7) Evidence of a pattern of domestic or family violence by either parent.
(8) Evidence that the child has been cared for by a de facto custodian, and if the evidence is sufficient, the court shall consider the factors described in section 2.5(b) [IC 31-14-13-2.5(b)] of this chapter.
Parenting Time
Once the Court determines which parent has custody of your children, the other parent will be entitled to visitation with the child, or parenting time. Indiana law states that:
(a) A noncustodial parent is entitled to reasonable parenting time rights unless the court finds, after a hearing, that parenting time might:
(1) endanger the child’s physical health and well-being; or
(2) significantly impair the child’s emotional development.
The Indiana Supreme Court has issued the Indiana Parenting Time Guidelines to provide a model for parenting time in Indiana. This may be adjusted by both parents depending on their unique needs and circumstances. The premise of the guidelines is that it is usually in children’s best interest to have frequent meaningful contact with each parent and the guidelines provides a schedule on how this can be done and also provides an ideas how to share school vacations, holidays and other special days. Most Court orders will refer to the Courts these guidelines in some part so it is important to become familiar with them.
Child Support
If paternity is established, the Court will address child support to ensure the child is properly supported. Child support must be backdated to the day of filing the paternity petition. The Court can also back date it even further and can go back to as far as when the birth of the child. This is discretionary and an attorney can help understand how much back support you can see in your case.
Indiana has adopted the Indiana Child Support Guidelines which creates a recommend child support obligation for a child. The court can deviate from this recommended amount but there is a presumption that this should be the amount of support awarded. The child support calculation considers he following items: Weekly Gross Income; Number of Children; Prior child support obligations; Amount of alimony or maintenance paid; Number of overnights each parent has the child; Weekly amount paid for child care; and Weekly amount paid for children’s portion of health insurance.
To calculate support, Indiana has created a child support calculator that allows a party to enter the above information to get an estimate as to the amount of child support. If you have questions, you can contact our office and we can go through the numbers with you.
Indiana Custody Planning Guide
What Happens if you Don't Establish Paternity?
One of the most common things I hear from prospective paternity clients is that they do not have a good plan on how to manage their split family. Sometimes one parent dictates what happens; Sometimes the two parents cannot agree on how to split time, or sometimes there is no contact between the parents and they need help getting something started.
It is important to start the process early. An experienced attorney can help find solutions to the problems you are having and help your family function better. There are also statutes of limitations so you need to file early. Failing to file can cause additional stress or lead to lost time with your children.
Taking an action can be scary, but it can also be a positive step forward for your family.
Process.
Preliminary Hearing
The firsts step in a paternity case is the preliminary hearing. A lot of courts will hold a short hearing at the beginning of the case and hear limited evidence to see what is happening, and see if there's any initial orders that need made to the order. Here the court will look at things such as does it need to order DNA testing or do the parties agree on paternity. If the parties agree on paternity then the court will consider entering temporary custody, parenting time, and child support orders.
Discovery
The second step is discovery. This is the evidence-gathering portion of the case, and you will request information from the other party such as income information as well as assemble things on your own, like school records and medical records. You can also involve a third party custody evaluator or guardian ad litem who will interview the parties, the children, and make custody recommendations to the court. This isn't necessary in every case, but it can be helpful in some cases.
Mediation
A lot of courts will require the parties sit down with a mediator and attempt to reach an out-of-court resolution. Sometimes, it may not seem like an agreement is possible, but we have had a lot of success with mediation and sometimes cases that you don't expect do settle.
Final Hearing
The last step is the final hearing. This is usually a half day or full day hearing with multiple witnesses where you present your paternity/custody case. Here the parties will testify, witnesses can testify, and you can present information that supports your case.
Ready to Get Started?
We offer competitive pricing and are ready to help out with your paternity case today.
Talk to a Family Law Attorney Today.
When it comes to establishing paternity and resolving related issues, our dedicated team at Vining Legal is committed to providing you with the comprehensive support and legal guidance you need. Whether you are navigating the process of establishing paternity, addressing custody and visitation matters, or determining child support obligations, we are here to ensure your rights and the best interests of your child are protected. With our experience and expertise, we will assist you in reaching favorable resolutions through negotiation or, if necessary, skilled representation in court. Contact us today to schedule a consultation and let us help you navigate the path forward with confidence and clarity.
FAQs
How do I get started?
Send an email to nathan@nathanvining.com to let us know you’d like to get started and we will send you everything you need to fill out and start the process! You an also schedule a call through the link at the bottom of the page.
Does it matter where I live?
We practice throughout the State of Indiana and can help you no matter where you are. The process we follow is the same no matter where you live.
How long does the process take?
The timeline can vary depending on several factors. A paternity case can take anywhere from a couple months to a year.
Call or Text for a Consultation.
You may have questions for us and we will have questions for you. Our goal is to understand your whole story so that we can give you the answers you’re looking for. Through a consultation with our firm you will receive information about what laws impact your situation, what you can be proactively doing to make a difference in your case, as well as what you can expect through the court process. You can call or text us now at (317) 279-5668 to talk to an attorney. You can also schedule a meeting at a time that works for you.
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