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Custody for Unmarried Parents 

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Custody for Unmarried Parents 

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Fort Wayne Custody Attorney for Unmarried Parents

Having a child outside of marriage can make the need to determine custody and parenting time feel even more difficult. Your legal rights and the steps you need to take may not seem as clear as they would be within the legal bounds of marriage, adding significant stress to an already emotional situation. In these circumstances, you need clarity and legal guidance to protect your relationship with your child and secure their well-being.

At The Bellinger Law Office, we are here to provide the legal support you need to approach custody as an unmarried parent. We are dedicated to helping you understand your rights and creating a parenting plan that prioritizes your child’s best interests.

The Starting Point: Legal Custody for Unmarried Parents

In Indiana, the law provides a clear legal baseline for children born to unmarried parents. The mother has sole legal and physical custody of the child from birth. This remains the case unless or until a court issues an order stating otherwise.

This automatic grant of custody does not mean the father has no rights. However, a father’s rights to custody and parenting time must be legally established. The first and most crucial step in this process is establishing paternity.

Paternity and a Father’s Rights

Establishing paternity is the legal recognition of a father’s relationship with his child. There are two primary ways to do this in Indiana:

  1. Signing a Paternity Affidavit: This is a voluntary legal document that is often signed at the hospital after the child is born. When both parents sign this affidavit, it legally establishes the father’s paternity. While it does not automatically grant custody, it does entitle the father to seek parenting time and petition the court for a formal custody order.
  2. Filing a Paternity Action in Court: If no affidavit was signed, either parent can file a case in court to establish paternity. The court may order a DNA test to confirm the father’s biological relationship to the child. Once paternity is confirmed, the court can then make official orders regarding custody, parenting time and child support.

Our Role as Your Child Custody Attorney

Attempting the paternity and custody process alone carries significant risks. The legal system is complicated, and any missteps could jeopardize your parental rights and your child’s future. An experienced child custody attorney is your essential advocate.

At The Bellinger Law Office, we provide the guidance you need to:

  • Establish Paternity Correctly: We ensure all legal documents are filed accurately and on time.
  • Negotiate a Fair Parenting Plan: We help you create a detailed custody and parenting time agreement that works for your family.
  • Protect Your Rights in Court: We represent you in all legal proceedings, presenting a strong case to the judge on your behalf.
  • Secure a Legally Enforceable Order: We can help your final agreement through the process of becoming a formal court order, giving you peace of mind and legal protection.

Take Action for Your Family’s Future Today

Your relationship with your child is too important to leave to chance. Let us provide the clear, compassionate guidance you need to secure a bright future for you and your child.

Contact The Bellinger Law Office today to schedule a consultation and learn how we can help you navigate custody and parenting time confidently as an unmarried parent.

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Robert H. Bellinger

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