In Indiana, custody of a child born out of wedlock is initially granted to the biological mother. According to Indiana law, an unmarried mother has sole legal custody of her child at birth. This means she has the right to make decisions regarding the child’s upbringing, including education, healthcare, and living arrangements, unless a court order states otherwise.
What About the Father?
A biological father does not have automatic custody or parenting rights. However, he can establish legal paternity to argue for custody or visitation. This can be done through:
Voluntary Acknowledgment of Paternity (VAP):
Both parents sign a paternity affidavit, typically at the hospital after the child’s birth. This document establishes the father’s legal relationship with the child.
Court-Ordered Paternity Test:
If the paternity is disputed, the father can request a DNA test through the court.
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After Paternity is Established
Once paternity is legally established, the father can petition the court for:
Parenting Time (Visitation): To spend scheduled time with the child.
Custody (Joint or Sole): If the father believes it is in the child’s best interest.
Child Support Order: The court will likely issue a child support order based on Indiana’s child support guidelines.
Best Interests of the Child
Indiana courts prioritize the child’s best interests when determining custody arrangements. Factors include:
The child’s relationship with each parent.
Each parent’s ability to provide a stable home environment.
If the court does not grant custody to the father, he may still be awarded parenting time. Indiana’s Parenting Time Guidelines aim to ensure that children maintain meaningful relationships with both parents. Courts generally encourage frequent and continuing contact between the child and the non-custodial parent unless it would endanger the child’s welfare.
Child Support Considerations
Once paternity is established, the father becomes responsible for child support. Indiana’s child support guidelines calculate payments based on both parents’ incomes, the child’s needs, and the parenting time schedule.
Resolving Custody Disputes
If parents cannot agree on custody arrangements, the court intervenes. In contentious cases, the court may:
Appoint a guardian ad litem (GAL) to represent the child’s best interests.
Order mediation to help parents reach an agreement.
Conduct a custody evaluation, which involves interviews, home visits, and recommendations by a qualified professional.
Key Takeaways
The mother has initial custody of a child born out of wedlock.
Fathers must establish paternity to claim custody or visitation rights.
Custody and visitation decisions are guided by the child’s best interests.
Relevant Indiana Laws and Codes
Indiana Code § 31-14-13-1: Establishes the mother’s custody rights for children born out of wedlock.
Indiana Code § 31-14-2-1: Outlines the process for establishing paternity.
Indiana Parenting Time Guidelines: Provides guidance for visitation arrangements.
Indiana Child Support Guidelines: Details the calculation of child support obligations.
FAQs About Custody of a Child Born Out of Wedlock in Indiana
Does the father’s name on the birth certificate grant him custody rights?
No. Even if the father’s name is on the birth certificate, he must establish paternity through legal means to obtain custody or visitation rights.
Can the mother deny visitation if the father has established paternity?
No. If the court has granted visitation rights to the father, the mother cannot deny visitation without a valid legal reason. Violations may result in court penalties.
How does the court determine custody in a dispute?
The court considers the child’s best interests, including factors like parental stability, the child’s needs, and the ability of each parent to provide a safe environment.
Can custody be modified after it is awarded?
Yes. Either parent can petition the court for a custody modification if there is a significant change in circumstances.
Do grandparents have visitation rights for a child born out of wedlock?
Under Indiana law, grandparents can ask for visitation rights, but these are not guaranteed and depend on the court’s assessment of the child’s best interests.
Understanding your rights and responsibilities as a parent is essential. Consulting with a family law attorney can help you negotiate paternity, custody, and support issues effectively, ensuring the best outcome for your child.
