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Paternity


In Indiana, if parties are married at the time a child is born, the husband is, by law, the father of the child. However, if a child is born to parties who are unmarried, or there is doubt regarding the biological father of a child, it is necessary to establish paternity. Establishing paternity refers to the legal process formalizing a relationship between a father and child and the responsibilities associated with that relationship. Establishing paternity is an important part of a healthy emotional relationship between father and child, but it is also legally significant. There are a few ways that paternity may be established:
  • If the mother was unmarried at both date of conception and birth, paternity can be established by executing an affidavit at the hospital. Parties who are still in a relationship, or parties who are amicable often choose to identify the legal father via this method. Indiana allows a man to execute a Voluntary Declaration of Paternity within the first 72 hours after a child's birth. If both parents sign the paternity affidavit (a form provided by the hospital from the state health department), the father's name will be put on the birth certificate and he will be the legal father.

  • Until a child reaches the age of emancipation, a paternity affidavit may also be executed at the local health department.
  • If no Paternity Affidavit is signed, Paternity must be established through Court action. 

If paternity is disputed, the parties and the child can submit to genetic testing to determine the child's biological father.Parties may also agree to acknowledge paternity and submit a written agreement to the court.A court decree establishes the paternity relationship and can make orders for custody, child support, and child visitation. The action can be brought any time after conception. 

Often disputes can arise after years of raising a child together. Parents should be proactive in protecting their rights and their ability to play an important and significant role in their children's lives. 

If you need help or advice regarding any aspect of Paternity in Indiana, contact Deenik Law today.

Parenting Time
Paternity Affidavits might grant a Father the right to have Parenting Time pursuant to the Indiana Parenting Time Guidelines. (The most recent version of the Indiana Parenting Time Guidelines can be found here: http://www.in.gov/judiciary/rules/parenting/). However, those right may not be enforceable, or modifiable. Deenik Law is ready to assist in answering any questions you might have regarding Parenting Time. 

Child Support
An important aspect of establishing Paternity comes in the way of Child Support. Indeed the State can establish Paternity simply to establish a child support order. Be sure your child support Order is accurate and appropriate. Jonathan Deenik has significant experience in dealing with child support matters- including the determination of complex income situations.