When parents are unmarried, understanding their legal rights regarding custody, child support, and visitation is crucial. In Indiana, unmarried parents have specific rights and responsibilities that differ from those of married couples. By knowing how the law treats your situation, you can ensure that both you and your child receive the proper protections.
Establishing paternity in Indiana
In Indiana, unmarried fathers must take steps to establish paternity to gain parental rights. Paternity legally confirms the man as the biological father of the child. A father can establish paternity by signing a paternity affidavit at the hospital after the child’s birth or by obtaining a court order if a dispute arises. Until paternity is established, an unmarried father cannot seek custody, visitation, or child support obligations.
Child custody and parenting time
Once a father establishes paternity, unmarried parents can pursue custody or parenting time (previously called visitation). Indiana courts treat custody cases for unmarried parents the same as they do for married couples. The court prioritizes the child’s best interests, considering factors such as the child’s relationship with each parent, each parent’s ability to care for the child, and the child’s adjustment to their home, school, and community. Indiana law favors joint legal custody, meaning both parents share decision-making authority. The court can award physical custody to one parent or share it between the two, depending on the situation.
Child support obligations
Indiana requires both parents to support their child financially, regardless of their marital status. After a father establishes paternity, the court can order him to pay child support. The state uses a formula based on both parents’ incomes and other relevant factors, such as the amount of time each parent spends with the child. As an unmarried parent, you must ensure that the court orders child support to provide your child with financial support.
Modifying custody and support orders
Unmarried parents can request modifications to custody, parenting time, or child support orders. If significant changes occur in a parent’s circumstances, such as a job loss, a move, or changes in the child’s needs, the court can adjust the order accordingly.
Indiana family law ensures both parents play an active role in their child’s life. Understanding how the legal process works allows you to assert your rights and protect your child’s best interests.