Unmarried couples do not have the rights and obligations that come with a state-sanctioned union, and this gap in legal recognition is especially apparent in the area of paternity. A child’s parentage is a crucial issue that affects everything from inheritance rights to receiving proper medical screening. When unmarried parents separate or otherwise experience conflict over their child, there is a greater chance of complicated litigation because the father does not automatically receive the parental rights and responsibilities given to married fathers. Thus, in many instances, the unmarried father must work through the legal system to obtain the rights of visitation and decision-making authority.

To alleviate some of this burden on courts and to give parents more control, the Indiana Bar Association sponsors a biannual mediation day in Marion County for unmarried parents with child-related issues, though paternity must already be formally established to qualify, and a nominal fee paid. Attorneys volunteer to serve as mediators, and parents are given the opportunity to work out a reasonable and acceptable resolution to their problems. Compromising for the sake of one’s child is never easy, but often necessary to reach a final agreement. Understanding how the court views custody issues for unmarried parents can help to foster an agreement between parents without the need for court intervention, which is known to produce better results. A discussion of child custody generally, and what an unmarried father must do to secure parental rights will follow below.

Child Custody

Indiana has two types of child custody – physical and legal. Physical custody refers to where the child is physically located. This custody may be shared equally or given primarily to one parent. The other parent receives parenting time, also known as visitation. The best interests of the child will determine, as it does in all child-related matters, where the child will spend the majority of his or her time. Legal custody is the right to make major decisions in a child’s life, and may also be shared or awarded solely to one parent. While there is no presumption in favor of either parent, the parent more involved is likely to receive a larger amount of the child responsibility for reasons of continuity and practicality. Courts look at a number of factors to assess the best interests of the child that are designed to determine the arrangement that best promotes the child’s safety and welfare, including the child’s relationship with each parent, the environment of each parent’s home, and the ability of each parent to cooperate with the other.

Parenting Rights for Unmarried Fathers

Without a formal acknowledgement of paternity and a court-issued custody order, an unmarried father has no parental rights, and the mother has sole custody of the child. This means the mother is free to withhold the child from the father, and any visitation the father receives is at the full discretion of the mother. This situation puts the father in a precarious position that threatens to deprive him of parental rights the longer it exists. Establishing paternity gives the father rights and responsibilities related to child support, custody, and parenting time. Paternity may be formalized by executing a paternity affidavit or filing a paternity petition with the court. However, note that using a paternity affidavit to become a child’s legal father does not automatically establish a child custody order – a court must still be involved for any agreement to be enforceable.

The degree of child responsibility a court would be willing to extend to an unmarried father will depend on the circumstances, but some common considerations include:

• The child’s emotional ties to the father;
• The father’s child-rearing ability;
• The father’s home environment;
• The father’s ability to meet the child’s needs; and
• The father’s mental and physical health.

Hire a Family Law Attorney

Working through child custody issues is rarely challenge-free, and the importance of the outcome can further complicate a fair resolution. Christopher L. Arrington, P.C. understands the familial and legal issues facing unmarried parents with child custody issues, and is available to discuss the facts of your case. Contact the Danville law office to schedule an appointment.