The goal of any good parent is to form a strong bond with their child, which is a process that ideally starts from birth. Unmarried couples with children share this same urge, but the father is at a disadvantage legally, and potentially personally, because of the mother’s ability to pull the child away at any time. Establishing paternity, and the consequent parental rights, is the only way to remedy this situation, though for fathers in good relationships, this step may seem unnecessary. However, without legal recognition as a parent, an unmarried father cannot register a child for school, get information about the child from teachers or doctors, or consent to medical treatment. Further, if the relationship with the mother ends or becomes volatile, the unmarried father has no right to visitation or decision-making authority.

This situation can be detrimental for the father and the child if a strong bond is present. A recent article in the Terre Haute Tribune Star looked at the relationship between a man and a boy he thought was his son, until a paternity proved otherwise, and how biology ultimately did not affect the strength of their connection. A discussion of the benefits the child and father receive once paternity is established, as well as options for formalizing paternity, will follow below.

What Does Paternity Mean for the Parent and Child?

Strictly speaking, children born outside of marriage have only one legal parent, the mother, who automatically receives full custody. This means she has complete and total authority over who sees the child and how often. Unmarried fathers have no legal rights to the child without taking action to assume legal responsibilities and claim parental rights. The child has no right to child support from the father, to inherit property from him, or to claim government and insurance benefits as a beneficiary. Thus, not only is the child deprived of visitation with a parent, he or she would not receive financial support that would likely make a great difference to the child’s quality of life.

How to Establish Paternity

Depending upon the circumstances of the parents’ relationship and the child’s birth, establishing paternity is not necessarily a complicated or prolonged process. Parents who are in agreement about the man assuming rights and responsibilities can simply file a paternity affidavit at the hospital within 72 hours of the child’s birth or at the health department before the child’s 18th birthday. Both parents must sign the form, and there is a 60-day window to cancel or rescind the affidavit, though it does require filing a petition with the court, and likely completing genetic testing. Once the 60 days pass, the man becomes the child’s permanent legal father, and the affidavit can only be overturned if there evidence a party was forced or tricked into signing.

Alternatively, if there is conflict or a dispute over paternity, either parent can petition to establish paternity with a court. Genetic testing can be used to settle a disagreement about whether the alleged father is biologically related to the child, though the parents can also submit a written agreement on paternity to the court, or submit evidence to the judge at a hearing on nature of the relationship and the circumstances of the child’s conception, to prove paternity. Once paternity is formally established, child support will be ordered, and can be set to start as of the date the petition was filed, or when the child was born. In addition, the court can also decide custody and visitation issues, which are key to establishing a meaningful and long-lasting relationship with the child.

Talk to an Indiana Family Law Attorney

Whether you need to establish paternity to enforce child support or obtain enforceable parental rights, having an experienced and committed family law attorney at your side will make the process easier and faster. Christopher L. Arrington, P.C. will take the time necessary to learn about your case so the best legal options can be offered and implemented. Contact the Danville law firm today to schedule an appointment.