Do you believe you are the father of a child and want to gain parenting rights over the child? Is a mother claiming that a child is yours when you don’t believe it is? If so, you have rights under Indiana law. For fathers who want to establish legal rights over a child, such as custody and visitation, there is a specific process to establish paternity in Indiana. Alternatively, you may want to establish that a child is not yours so that you are not required to pay child support for the child. In this article, the Indiana divorce lawyer, Chris Arrington, will discuss issues related to paternity under Indiana law.

How to Establish Paternity in Indiana

Under Indiana law, there is a presumption that if a child is born to a married couple, that couple is the child’s parents. If the parents are unwed, however, both parents must either submit a paternity affidavit to the court or the court must determine paternity using a DNA test. If you are a father who is attempting to gain legal rights over a child or a mother who is attempting to establish the paternity of her baby, an Indiana family law attorney can help you through the process, filing the necessary paperwork with the court, and requiring potential fathers to submit DNA for testing. 

Paternity Affidavits in Indiana

When a child is born out of wedlock, one way to establish paternity is with a paternity affidavit. This document affords the named father the rights and responsibilities of a parent, including the responsibility to pay child support. It also requires parents to make key decisions regarding legal custody and visitation. 

Generally, paternity affidavits are filed at the time of birth. However, parents can file for paternity at any time before the child reaches the age of majority (18 years). Once the affidavit has been filed, the mother may not rescind it. A father has 60 days to annul the document after signing it. In that case, the court may require a DNA test to prove the party is not the biological father. After 60 days have passed, it becomes much more difficult for the father to dispute paternity. 

Filing a paternity affidavit is a complex process that requires specific requirements and findings by the court. An Indiana paternity lawyer can help you through the process. 

Establishing Paternity by Bourt Order

A mother or father can file an action with the court to establish paternity in Indiana. These include cases when:

• The mother wants to establish that a man is the father of her child and he is disputing the claim
• The father wants to establish paternity over a child, while the mother is disputing the claim
• The child wants to establish paternity on their own behalf

Talk to an Indiana Paternity Lawyer Today

Chris Arrington represents the interests of both fathers and mothers who are seeking to establish paternity. Call our office today to schedule an appointment, and we can begin discussing the process right away.