(4) The interaction and interrelationship of the child with: If there is no affidavit of paternity in Indiana to establish paternity, either parent, the child (up to the age of 20), the Indiana Department of Children`s Services, or attorney may file a paternity complaint in court to establish paternity. The case must be filed in Indiana County where the child, mother OR alleged father lives. Now, many clients will tell me that there is no dispute, it is also the biological father of the child. But whether it is a dispute or not, paternity must be established in one of these two ways. The difference is therefore as follows: in an initial custody decision, there is no presumption in favour of a parent. However, in the event of a change, the court will favour the parent who already has custody, and the non-custodial parent will have to prove that one of the factors has changed significantly. Thus, the standard of change is a stricter standard for the non-custodial parent than the original standard of determining custody. Let`s look at examples of this in one Indiana case to see how it develops: To establish paternity in Indiana by affidavit, the single father and mother must sign a declaration of paternity stating that they are the child`s parents. The affidavit is a legal document provided by the State of Indiana. It can be signed and submitted to the local health department within 72 hours of the child`s birth or at any time after the child`s birth until the child is emancipated (usually on his or her 18th birthday), provided that no other father is listed on the child`s birth certificate.
When a child is born, the father can expect to have parental rights. The court does not accept a DNA test at home. Ensuring that your genetic testing is done in an approved location can speed up the process and make it easier for both parties. We are present every step of the way and work to achieve the best possible result. Contact us today and let`s see how our firm can help you. While the Indiana Child Support Calculator can give you an estimate of a child support obligation, it`s important that you talk to a qualified Indianapolis family law attorney about the specific facts of your case. While this may seem like a simple calculation, there are many laws that govern these factors. (1) the amendment is in the best interests of the child; and We can be your ally and help you comply with Indiana`s custody laws for unmarried parents You should consider your involvement in your child`s life and work to nurture and actively develop that relationship. Spend as much time as possible with your child so that your role in their life is clearly visible to the court.
Both parties may decide to voluntarily acknowledge paternity and submit an agreement to the court. Alternatively, either party may request genetic testing to establish paternity of the child. In addition, a pregnant woman, a child or the government may, in certain circumstances, bring an action for paternity. The court may change a custody order only if: (3) the wishes of the child, with greater regard for the wishes of the child, if the child is at least fourteen (14) years of age. (3) the mother, the department or a prosecutor acting under an agreement or contract referred to in IC 31-25-4-13.1 makes an application after the alleged father has confirmed in writing that he is the biological father of the child; However, there is no such legal system that regulates custody or access to children when an unmarried couple separates. If the court approves the content of the custody and maintenance part of the agreement, it can be included in the divorce decree. Since the best interests of the child must always be determined by the court, this part of the agreement is not automatically included. Our Carmel family attorneys at Emerson Divorce and Accident Injury Attorneys, L.L.C. believe in defending parental rights when challenging custody cases. We know you want to maintain your relationship with your child and we are ready to represent your interests before a judge. If you require legal representation in a family litigation matter in Hamilton County, contact our firm at (317) 969-8000. We will sit down with you for a free initial consultation and explain your rights.
Our paternity lawyers in Indianapolis are part of a law firm that has established itself as a force to be reckoned with in the court system. You may notice that the word “initially” is underlined. This is because WHEN a party files a paternity action makes a difference which standard an Indiana court will use to determine custody. If the child was in the care of a parent (primarily the mother for the above reasons) for a period of time before filing a paternity action, an Indiana court may treat a custody decision in a paternity lawsuit as a change of custody. The standard in a changing of custody uses the same factors as those listed above, but says: Indiana maintains a registry for men who believe they have fathered a child but have not established paternity. This register requires the State to inform an alleged father when a child is given up for adoption. The Indiana Putative Father Registration Form also allows an alleged father to designate another person as an agent if he cannot be notified at his own address. The form must be submitted within 30 days of the child`s birth or at any time before applying for adoption. The word “parent” becomes crucial when it comes to custody and visitation situations. A person must have a legally established relationship with a child in order for the court to assess their application for custody. Indiana also has a child support calculator that allows a party to enter this information into a calculator to get an estimate of the amount of child support.
If you don`t know the other parent`s weekly income amount or other amounts, after filing a paternity claim in Indiana, you can send a discovery to the other party for documents and answers to questions to get that information if they don`t voluntarily share it with you. You can request pay stubs, W-2s, tax returns, invoices, etc. In Indiana, grandparents can watch visits with their grandchildren through the courtroom. Whether a grandparent receives access depends on the best interests of the child. (B) joint custody means that the persons who share joint custody: If the mother and father cannot agree, the court will hold a hearing to hear evidence relating to custody, parental leave and child support. 5. A statement that, if the mother and the person referred to in paragraph (g)(2) agree to share joint custody in accordance with point (A) of paragraph 1, the joint custody agreement is null and void unless the result of a genetic test carried out by an accredited laboratory: Once paternity has been established and established by court decision, The court may also make additional orders regarding parental rights, including access or custody. There can be no court-ordered custody or access unless the father establishes paternity by law. This also applies if the parents lived together when the child was born. The payment of family allowances by a part is based on the result of a formula established by the State, which takes into account the gross weekly income of each party, the cost of childcare, if any, and who pays for it, health costs and the duration of parental leave taken by the non-custodial parent. On the other hand, if a child is born to an unmarried couple, the father does not automatically have rights.
A duly executed declaration of paternity establishes paternity (paternity of a child). However, a man who signs paternity may, within sixty (60) days after the date on which a declaration of paternity is signed under this section, file a claim with a court having paternity jurisdiction to obtain a DNA test order to contest that finding. You may be wondering what the father`s rights are if he is not married to the child`s mother? There are steps a father can take to determine the paternity of his child. The document must be signed in the presence of a witness or notary. If the mother and father sign, the birth certificate may include the father`s name, and he will be the child`s legal father. In Indiana, there is no presumption that either party is favored solely on the basis of sex. The task of the court is to take into account the best interests of the child when deciding on custody. An unmarried couple can sign a voluntary agreement and acknowledgement of paternity (affidavit) written by a paternity lawyer experienced in this area of law.
The other option is for Indiana courts to order genetic testing to establish paternity. The court will try to make it in the best interests of the child to determine the most ideal custody or access arrangement. Each parent may also be subject to a court order for child support. There are many other relevant paternity laws in Indiana regarding a custody provision, and these types of analysis can be complicated. You should speak with a qualified family law attorney in Indianapolis to discuss the specific facts of your case. Your attorney should be able to determine the correct standard, determine what evidence is needed to support the factors listed above, and how to properly present that evidence and submit it to an Indiana court. In some cases, a guardian ad litem is recommended to help the court obtain more information about each parent and their relationship to the child. Often, the court or your lawyer may recommend or require the appointment of a custody expert or guardian to help you determine custody in your case.