In the context of family law, paternity is the legal identification of a child’s father. In Indiana, establishing paternity is very important in custody cases, especially when the child’s parents were never married.
Without legal paternity, a father may have no rights to custody or parenting time. The child also may miss out on important benefits.
How can a father establish paternity?
When a child is born to married parents, the law assumes the husband is the father. If the parents are not married, the father must take steps to establish paternity. This can happen in two ways. One is by signing a paternity affidavit at the hospital or later at the local health department. The other way is through a court process that includes genetic testing.
How does paternity affect custody cases?
Once a father establishes paternity, he gains the right to ask for custody or parenting time. Without paternity, a mother automatically receives full custody. A biological father who has not established paternity may not have any say in decisions about the child. This includes important choices like where the child lives or what school the child attends.
Establishing paternity also benefits the child. It gives the child access to the father’s medical history, health insurance and inheritance rights. The child may also qualify for benefits like Social Security or veterans’ benefits if the father qualifies.
Waiting too long to establish paternity can create problems. It can delay custody decisions or limit a father’s rights. In some cases, it can lead to confusion about who the child’s legal father is. Taking the right steps early can help parents create a stable and legal foundation for their custody case.