Establishing paternity legally recognizes a man as a child’s father. This is the essential first step for an unmarried father to gain rights to custody and parenting time. Further, for a mother, it is the necessary step to request a court order for child support; for the child, it provides a sense of identity and access to benefits like inheritance and health insurance.
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Fort Wayne Paternity Lawyer
The Bellinger Law Office has served as a paternity representative for many fathers in Indiana. There are two reasons clients often seek a paternity lawyer. One reason is that someone wants to establish paternity in order to help ensure future custody. Another reason is to fight claims of paternity so that a client does not need to pay child support because of mistaken identification.
According to I.C. 31-14-7-1, there are several situations in which a man is presumed to be a child’s biological father. This includes genetic testing assuring 99% probability, an attempt of a man and woman to marry in compliance with the law, or if a child is born during a marriage, or within 300 days after it has ended.
Although the law presumes paternity in this case, a rebuttal of definitive and convincing evidence can be presented to the court. In these cases, it is a good idea to have an attorney on your side because the courts will require precise documentation. If the presumed father can show he had no access to the mother, was impotent at the time of conception, can contradict the DNA test, or was only around the mother when sexual intercourse could not have occurred, then the court can agree to nullify the paternity standing.
For fathers who wish to exercise their paternity rights and have been barred from doing so, The Bellinger Law Office can walk you through the necessary steps for establishing paternity and claiming a legal right. Many fathers do not realize that, in order to file for a paternity action in Indiana, they need to register with the Putative Father Registry. This legal mechanism can help ensure that a father’s rights are protected if a mother attempts to arrange an adoption or alternative custodial arrangement without their consent or knowledge. Enrollment in the registry can help ensure legal notice of a pending adoption petition. If you have questions about paternity, contact our Fort Wayne paternity attorney at 260-428-2214, or contact The Bellinger Law Office online.
FAQs About Paternity in Indiana
What does it mean if a man is “presumed” to be the father?
Under Indiana law, a man is automatically presumed to be the father in certain situations, such as if the child is born during his marriage to the mother or if a DNA test shows at least a 99% probability. This presumption is legally binding unless challenged with strong evidence.
What kind of evidence can be used to fight a claim of paternity?
The most definitive evidence is a DNA test. Other evidence can include proving you were physically unable to be with the mother at the time of conception (e.g., you were incarcerated or deployed). An attorney is essential to gather and present this precise documentation to the court.
I signed a Paternity Affidavit. Does that give me custody rights?
Signing a Paternity Affidavit legally makes you the father, but does not automatically grant you custody. In Indiana, the mother has sole custody until a court orders otherwise. You must file a separate action with the court to establish a formal custody and parenting time order.
Do I need a lawyer if the mother and I agree that I'm the father?
Even with an agreement, a lawyer ensures all legal steps are handled correctly. We can help you complete the Paternity Affidavit, file the necessary court actions to establish custody and support and make sure the final order is fair and legally binding.
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