Paternity in Indiana
In Indiana, if a child is born out of wedlock, the man does not have legal rights to his child until paternity is established. He also cannot be ordered to pay child support until paternity is established. This is often confusing for my clients because they may have signed the birth certificate and believe that is all they needed. It is often necessary to take an additional step and file a paternity action in the Courts which formally establishes paternity, child custody and child support.
How Do You Establish Paternity?
If a child is born when you are married, it is presumed that the husband is the biological father of the child. In situations when you are not married, there are multiple ways for mothers and fathers to establish paternity. The most common way is through a paternity affidavit that can be signed along with the child’s birth certificate within the first sixty days of a child’s life that indicates that the man is the child’s biological father. This establishes the paternal relationship but it can be necessary to still go to court to establish custody and visitation orders after the paternity affidavit has been signed. If a paternity affidavit has not been signed, the mother and father can still use the courts to determine paternity. This can be done through an agreement between the parties or through genetic testing.
DO WE HAVE TO HAVE BLOOD/GENETIC TESTS DONE?
The court does not have to order 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.
WHEN DOES CHILD SUPPORT BEGIN IN A PATERNITY CASE?
After paternity is established, the court will order that support start from one of three dates: the birth of the child, the date the paternity case was opened, or the date of the court order for child support. This can often be a fact sensitive issue where the court will consider what support was provided prior to the court’s involvement.
WHO HAS CUSTODY BEFORE PATERNITY IS ESTABLISHED?
The mother of the child has legal custody until a court issues an order otherwise. This means that the mother is responsible for all of the major decision making for the child.
CONTACT AN INDIANAPOLIS PATERNITY LAWYER
If you have questions about your legal issues, you should contact an attorney to discuss your questions.
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