What Child Custody Rights Do Unmarried Parents Have in Indiana?

A mother laughing and playing around with her two children..Understanding your rights as an unmarried mother in Indiana can be confusing and stressful, especially for child custody. In Indiana, child custody involves the legal and practical relationship between you and your child, including your right to make important decisions about their well-being and your responsibility for their day-to-day care.

 For instance, you might be wondering how to ensure that your child’s father contributes to their upbringing or what steps you need to take to secure sole or joint custody.

At WSM, we are dedicated to supporting women through the complexities of child custody in Indiana. Our experienced Indianapolis child custody attorneys are here to help you understand your rights and take the necessary steps to protect your relationship with your child. 

Don’t face this challenging process alone—call us today at 380-212-3731 for a free consultation and peace of mind.

Legal Rights of Unmarried Mothers in Indiana

Unmarried mothers in Indiana automatically have both legal and physical custody of their children from birth. This means they can make all major decisions about the child’s life without needing the father’s input. This ensures that the mother primarily oversees the child’s welfare, providing a stable and consistent environment.

Understanding these rights is crucial for unmarried mothers to navigate the difficulties of family law in Indiana. Legal representation can provide additional support and guidance, helping mothers protect their rights and the best interests of their children.

Here are some key rights of unmarried mothers in Indiana:

  1. Legal Custody: Legal custody allows the mother to make important decisions about her child’s life. This includes choices about the child’s education, medical care, and religious upbringing. Unless the father proves he is the child’s father legally, the mother keeps sole legal custody, meaning she alone makes these decisions.
  2. Physical Custody: Physical custody means that the child lives mainly with the mother. She is responsible for the everyday care and supervision of the child. This includes providing a home, meeting the child’s basic needs, and making routine decisions about the child’s daily life.
  3. Sole Custody by Default: In Indiana, unmarried mothers automatically get sole custody of their child until the father legally proves paternity. The mother has full control over decisions about the child’s upbringing and is the primary caregiver. However, once the father establishes paternity, he can request custody and visitation rights, which may change the custody arrangement.
  4. Child Support: Once paternity is established, unmarried mothers have the right to seek child support from the child’s father. Child support covers essential needs such as housing, food, education, and medical care. This financial assistance helps ensure the child maintains a stable and consistent standard of living.
  5. Protection from Domestic Violence: Unmarried mothers have the right to seek protection from domestic violence. They can obtain restraining orders or protective orders to ensure the safety and well-being of both themselves and their children.

Understanding these rights is crucial for unmarried mothers to navigate the complexities of family law in Indiana. At WSM, we can provide the support and guidance you need. Our experienced custody lawyers will help you protect your rights and ensure the best interests of your children. Whether it’s understanding legal custody, physical custody, or seeking child support, we are here to assist you every step of the way.

Establishing Paternity in Indiana

For unmarried fathers in Indiana, the first and most important step to gaining legal rights over their child is to establish paternity. Without doing this, fathers have no legal standing, meaning all parental rights remain with the mother. Unmarried fathers can establish paternity in two main ways: by signing a paternity affidavit or through a court order.

Establishing paternity gives fathers legal rights and allows them to seek custody and visitation, ensuring they can be actively involved in their child’s life. Indiana courts recognize the importance of both parents in a child’s upbringing, making this step critical for any unmarried father wanting to assert his parental rights.

Paternity Affidavit Process

A paternity affidavit offers a straightforward and voluntary way to establish paternity in Indiana. Both the unmarried father and mother must sign this document, declaring they are the child’s parents. It can be signed at the hospital shortly after the child’s birth or later at a local health department before the child turns 18. For the affidavit to be legally binding, it must be signed in the presence of a witness or notary.

By signing a paternity affidavit, both parents can agree on joint custody, which affects their custody rights and responsibilities. Either parent can refuse to sign the affidavit or request a paternity test before signing.

Legal counsel can help fathers understand their rights and responsibilities in this process.

Court-Ordered Paternity

If mutual agreement through a paternity affidavit is not possible, either parent can start a court action to establish paternity. This involves filing a paternity action with the court, which can be done by the father, mother, or even the local prosecutor. Genetic testing is often required in court-ordered paternity cases and must be done at state-approved laboratories to be accepted in court. At-home DNA tests are not allowed.

Once the court establishes paternity, fathers can request custody and visitation rights. This legal recognition is crucial for unmarried fathers to get court-ordered custody or visitation, allowing them to play an active role in their child’s life. The court always prioritizes the child’s needs, which often includes having both parents involved.

Parenting Time and Visitation Rights

Parenting time, also known as visitation, is essential for maintaining a healthy relationship between children and their non-custodial parents. In Indiana, non-custodial parents have the right to reasonable parenting time, ensuring they stay actively involved in their child’s life. The Indiana family court prefers that both parents be involved in raising the child, promoting a balanced and supportive environment.

Once paternity is established, unmarried fathers can request parenting time according to the Indiana Parenting Time Guidelines. These guidelines provide a structured visitation schedule that prioritizes the child’s welfare and encourages a strong parent-child bond. They set minimum standards for parenting time, ensuring the child spends meaningful time with both parents. By adhering to these guidelines, fathers can demonstrate their commitment to maintaining a healthy relationship with their children.

Modifying Parenting Time Orders

Sometimes, changes in the child’s needs or the parent’s circumstances require modifying parenting time orders. To request a modification, a parent must file a petition with the court, explaining why the changes are needed. The court will review the petition and decide based on the child’s best interests.

Possible outcomes of a modification request can include changes to the current visitation schedule or adjustments to both parents’ custody arrangements. This process ensures that parenting time orders remain flexible and responsive to the changing needs of the child and family.

Child Support Obligations

Once paternity is established, unmarried fathers in Indiana must financially support their children. Child support covers essential expenses such as housing, food, education, and medical care. Additionally, children may receive health and life insurance, social security, and veteran’s administration benefits through their fathers.

Unmarried parents should get court orders to formalize their parenting arrangements and ensure child support obligations are enforceable. This legal framework helps maintain a consistent standard of living for the child, reflecting both parents’ financial contributions.

Income Shares Model

Indiana uses the Income Shares Model to calculate child support. This model ensures both parents contribute to their child’s financial needs. It considers both parents’ income, the number of children, and the time each parent spends with them.

Various forms of income, including bonuses and potential income, are considered when calculating child support. The goal is to maintain a standard of living for the child similar to what they would have if both parents lived together.

Contact WSM Indianapolis Custody Lawyers for Mothers

At WSM, we advocate for women’s rights in family law matters, offering tailored support and representation throughout the legal process. We pride ourselves on our empathetic approach, ensuring that you feel heard and supported throughout the legal process.

We provide comprehensive family law services, including custody and child support, ensuring our clients stay informed and supported throughout. Our dedication to attentive client communication ensures you receive the guidance and representation you deserve during this challenging time.

Don’t navigate this challenging process alone. Contact WSM today for a free consultation and let us help you secure a stable future for you and your child. Let our compassionate and skilled Indianapolis custody attorneys guide you through the challenges of child custody and family law.

Call us today at 380-212-3731 for a free consultation.

Frequently Asked Questions

In Indiana, as an unmarried mother with sole custody, you can generally move out of state with your child without needing the father’s permission. However, if the father has established paternity and has court-ordered visitation or custody rights, you must notify the court and may need to get approval before relocating.

If the father wishes to challenge your sole custody, he must first establish paternity either through a paternity affidavit or a court order. Once paternity is established, he can file a petition with the court to seek joint or sole custody, providing evidence that such an arrangement would be in the child’s best interests.

When deciding custody for unmarried parents, the court considers several factors, including the child’s age, the child’s relationship with each parent, each parent’s ability to provide for the child’s needs, and any history of abuse or neglect. The primary focus is always on what the best outcome is for the child.

In Indiana, child support and visitation rights are treated as separate issues. As an unmarried mother, you cannot legally deny the father visitation rights solely because he hasn’t paid child support. If there are concerns about unpaid child support, you should seek legal remedies through the court.

If the father wants to gain joint custody, he must first establish paternity and then file a petition for joint custody with the court. He must demonstrate that joint custody is in the child’s best interests, which may involve showing that he can provide a stable and supportive environment for the child.

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