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Paternity Lawyers Serving Fishers, IN

Establish or Enforce Your Rights as a Father

According to Indiana law, “child born out of wedlock” is a child born to parents who were not married at the time of the child’s birth. A mother’s legal rights over the child are automatically vested with her upon the birth of the child. However, the same is not the case for the father. A father can obtain legal rights over the child either through a signed paternity affidavit or from a court order.

How Affidavits & Court Orders Work in Paternity Cases

If a father correctly and promptly signs a paternity affidavit, the legal rights of the child are vested under him as the legal father. If the father is present at the birth of the child, typically, the hospital will offer the paternity affidavit to the father and allow him the opportunity to sign it. The signing of this affidavit gives rise to the legal and financial responsibilities of the father. However, the specifics of the rights and responsibilities often need to be addressed by filing a paternity case with the court.

If a man believes himself to be the father of a child but was not present at the birth of the child, he can still obtain legal rights and responsibilities of the child as his/her legal father. The to-be father must get a court order proclaiming him as the rightful legal father of said child. A father typically has two (2) years to file a petition for paternity through the court system. If a man does not file for this petition within two (2) years of the child’s birth, it is still possible for the father to gain legal paternity rights; however, it may be slightly more difficult. DNA tests are a possible exception to the two (2) year custom. An individual should seek the advice of an attorney to determine if this is a necessary step.

Get Help with Your Paternity Case by Calling a Fisher Family Lawyer at Our Office

Once paternity has been established, the matters of custody, parenting time and child support will need to be addressed. This can be a complex situation for a party to handle on their own. Fortunately, our Fishers family law attorneys are available to discuss your situation, rights and obligations.

To schedule a consultation with a member of our team, contact us online or by calling (317) 434-1490.

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