Becoming a parent means assuming a number of daunting responsibilities that will last for many years to come. Bearing the burden of providing things such as financial support, education, and guidance on becoming a good person is something most parents happily do, but caution is called for if there is any question about a child’s paternity. A man learned this lesson the hard way when an Indiana court of appeals ruled that he is obligated to pay child support for a boy he did not father. The court came to this conclusion in light of the man’s willingness to raise the boy as his own, and the fact that he discouraged his ex-wife from contacting the boy’s biological father for support. Certainly, most men would not choose this course of action, but it does serve to highlight the need for potential fathers to understand their legal rights. Establishing paternity is essential to obtaining visitation rights, and to demanding the payment of child support. Basically, without paternity, a man has no legal rights over the child, or legal obligations to pay support. Indiana has a several methods for ascertaining paternity, which will be discussed below.     

Paternity Presumed

In certain situations, paternity is presumed, automatically giving the father the full spectrum of parental rights, and simultaneously extending correlated rights to the child, such as:

• Social Security or survivor benefits;
• Inheritance rights;
• Veteran’s benefits; and
• Life and health insurance benefits.

Indiana presumes the paternity of a child if the mother is married at the time of the child’s birth, or if a child is born within 300 days of the end of a marriage. If the presumed father questions whether he is biologically related to the child, he can challenge the paternity, which is necessary to avoid the financial obligation of child support.

Paternity Established by Affidavit or Court Order

In cases where the mother is unmarried, paternity can be established by filing an affidavit or by petitioning a court to declare who the legal father is. A paternity affidavit is a legal document used by the mother and a man to declare he is the biological father of a child. The form can be completed at a hospital within 72 hours of the child’s birth, or at the local health department office before the child becomes a legal adult.

A petition to establish paternity by court order can be filed by the mother, the man claiming to be the biological father, or the child. In addition, the mother and the man claiming the child can file jointly, and agree to paternity without confirmation by genetic testing. Any party is always able to ask for genetic testing to determine who the biological parents are, and the results can have a significant, although not absolute, influence on whether a judge will declare the man the biological father. The validity of the results may be challenged by a party within 30 days of a scheduled hearing where the results may be used as evidence. The long-term consequences of a paternity action cannot be overstated, and should be pursued under the guidance of an experienced family law attorney to ensure the case is handled properly.

Hire a Family Law Attorney

Being a parent is both a joy and serious responsibility that should be approached with caution if paternity is in doubt. Attorney Christopher L. Arrington helps individuals throughout the Indianapolis area with a variety of family law matters, including paternity, and can assist you with both gaining the right to see your child or proving the child is not yours. Contact him today to schedule an appointment.