Paternity
Establishing Paternity
Paternity is the process of establishing a legal relationship between the child and father. Without establishing this relationship, a biological father does not have any legal rights regarding their children - they are not legally entitled to parenting time, holiday visitation, vacation time, and they have no legal obligation to support their children. Therefore, even if a father is currently able to spend time with his child, without an order from the Court, the father has no legal right to enforce the right to spend time with his child.
There are various methods by which to establish paternity. The mother and father can sign a paternity affidavit at the hospital when the child is born, recognizing the child is biologically the father's child. However, it is recommended that even if the father does sign a paternity affidavit, that paternity be established through a legal proceeding. If the mother and father agree that the presumed father is the biological father, then no DNA test is necessary. If the parties do not agree, the Court can order a DNA test to determine if the presumed father is actually the biological father. Establishing paternity through the Court system ensures that the child is able to receive all the benefits that he or she would be entitled to receive if his or her parents were married. This also allows the parties to make arrangements for custody, a set parenting time schedule, and child support.
Pursuant to Indiana law, the mother (or expectant mother), the father, the department or county office of family and children, and/or the prosecuting attorney can file an action to establish paternity. The Petition to Establish Paternity requests that the Court establish paternity between the father and the child. Such petitions are usually accompanied by requests to establish child support, determine custody, and to order an appropriate parenting time schedule.
Talk to an Experienced Indianapolis Family Law Attorney Today
Whether you are considering filing a paternity action, want to gather information on how the court process operates, be legally advised of your rights, or consider options available to you, it is a good idea to discuss your situation with a family law attorney. The Family Law Team at Hollingsworth & Zivitz, PC is experienced in handling paternity actions. Contact them or call 317.348.6723 to schedule an appointment today.
PATERNITY - FAQ's
What is paternity?
Paternity is establishing a legal relationship between a father and child. If the child's parents were not married when he/she was born, there is no legal relationship between the father and the child until paternity is established.
Who can establish paternity?
Several people can file a Petition To Establish Paternity with a court. These people are: (1) the mother or expectant mother of the child; (2) a man alleging that he is the child's biological father; (3) the mother (or expectant mother) and a man alleging that he is the biological father of the child; (4) the department of a county office of family and children; and (5) the prosecuting attorney.
How is paternity established?
If the mother of the child is married at the time the child is born, the mother's husband is presumed to be the father of the child unless a court determines the mother's husband is not the father. If the mother was not married at the time of conception nor at the time the child was born, paternity can be established in several different ways: (1) a paternity affidavit (available at the hospital) can be signed by the mother and father within 72 hours of the birth of the child; (2) an affidavit (located at the local health department) can be completed in the jurisdiction where the child was born; or (3) by filing a paternity action with the court.
Does it matter how paternity is established?
Although paternity can be established by signing a paternity affidavit or affidavit, to ensure that the child can benefit entirely from both parents, it is recommended that paternity be established through a legal proceeding. The court process ensures that the child is entitled to all of the same benefits he/she would receive if his/her parents were married.
Why is it important to establish paternity?
It is important to establish paternity for many different reasons. Children should have the right to be loved by both parents and to feel a sense of belonging that one only feels by knowing exactly where they come from. Also, pursuant to Indiana law, both parents have a legal obligation to support their child. Establishing paternity through a legal proceeding ensures that the father has a legal duty to pay a child support obligation. Additionally, a child is entitled to receive benefits from his or her parents. The benefits include: health insurance, life insurance, inheritance rights, social security from a disabled parent, and veteran's benefits. If paternity is not established, a child can be denied the right to receive these benefits.
Does everyone have to go to Court to establish paternity?
Paternity that is established through the court system can often be settled outside of court. If both parties are agreeable as to whom the father of the child is, then child support, custody and parenting time can often be settled outside of a courtroom.
