In Indiana, if the names of both parents are on a child’s birth certificate, the parent who will be awarded custody rights will depend on different factors. If the names of both parents are listed on the birth certificate, they both will have child custody rights over the child.
This means that both parents will have the right to make decisions for their child. In some child custody situations, a court will need to issue an order outlining each of the parent’s responsibilities regarding the child.
This may include which parent the child will live with most of the time. Courts usually prefer awarding joint custody orders as they provide the child with the best opportunity to preserve a relationship with both of their parents.
Courts may deem it necessary in certain custody situations to name one parent as a custodial parent and the other parent as a noncustodial parent. The custodial parent is the one who has most of the rights over the child, including deciding about their:
- Education
- Healthcare
- Religion
- Various other types of decisions
A noncustodial parent will usually be awarded visitation rights with the child. The noncustodial parent will also likely be ordered to make child support payments to the custodial parent to help them provide for the basic needs of their child, such as clothing, food, and housing.
In situations where a child’s parents were not married when their child was born, the father’s name may not have been put on their child’s birth certificate. When this situation occurs, the father may be required to establish paternity legally if they want to have rights over their child.
Once a father has established their legal paternity, they will be able to petition the court for visitation and custody rights. Once the biological father has established their paternity, they will be treated in the same manner as if they were a married father by the court.
Whenever a court makes about a child, it is required to use the child’s best interest standard. This means that courts have to make decisions based on what is best for the child, even when that decision does not align with what the parents want.
Can an Unmarried Father Take a Child from the Mother?
When a child’s biological father establishes their paternity, the father and the mother of the child will have equal rights over the child unless the court issues an order stating otherwise. Whether unmarried fathers are able to take their children from their mothers depends on the legal status of the biological father, which may include:
- A presumed father
- An unmarried father
- A putative father
A presumed father is one who is presumed to be a child’s father when certain facts are present, such as:
- Their child was born while divorce proceedings were ongoing or shortly after a divorce occurred
- The father did acknowledge paternity
- The father openly treated the child as their child
An unmarried father is the biological father of a child who was not married to the mother of the child when it was born. A putative father is a man who claims that he is the biological father of the child but who has not yet established their legal paternity.
After the biological father has legally established their paternity, they will be able to petition the court and try to demonstrate that the mother of their child does pose a risk of harm to the child. In these cases, the father can also request visitation or sole custody rights.
If a parent, mother or father, has any concerns or questions regarding their legal status as a parent, they can reach out to a local attorney in Indiana for a legal consultation.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
Child custody laws for unmarried parents do apply in the majority of states. However, the details of these laws may vary by state.
Due to these variations, it is essential for an Indiana resident to seek legal advice to determine what laws will apply to their case. As previously noted, the majority of courts prefer issuing joint custody orders, which allow children to preserve the relationships they have with both of their parents.
In some cases, courts are required to name one parent as the custodial parent and the other as the noncustodial parent.
A custodial parent is the one who is responsible for the day-to-day care of their child. In contrast, the noncustodial parent usually has visitation rights.
If there are questions about the father’s paternity and they are not married to the mother, they can ask the family court to establish their paternity using a DNA test. Once they have legally established their paternity, they will be able to ask for visitation and custody rights.
If this happens and the father requests additional rights, it can cause a custody battle between the parents. If this occurs and custody is in dispute, there are different ways it can be resolved, including:
When a custody case goes before a court, the court will listen to the arguments from both of the parents. After this, the court will make its child custody decision based on the child’s best interest standard.
A court may require the parents to try to resolve their dispute using alternative dispute resolution, such as family mediation. During the mediation process, a mediator, or neutral third party, works with both parties to resolve their issues outside of court.
The parents are also permitted to reach an agreement on the terms of custody between themselves. They would then need legal assistance to draft their agreement and submit it to the court for approval.
If the court approves the agreement of the parents, it is legally binding. In all custody cases, both parties should have their own separate legal representation to ensure that their individual rights are protected during alternative dispute processes as well as in the courtroom.
What Are Some Other Issues That Unmarried Parents May Experience?
It is important for unmarried parents to be aware that there are other issues that may arise during their custody case. Taxes are one common issue in custody cases.
A child may only be claimed by one parent on their income taxes every year. A child’s parents may make their own agreement regarding which parent will claim the child on their taxes each year in their custody agreement.
Child support payments are another issue in custody cases. These payments are not taxes; they are income from the receiving parent’s taxes.
They also are not deducted by the parent who makes payments on their taxes. Child support issues can also cause disagreements, especially if the paying parent is claiming they are unable to pay their court-ordered amount.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
When you have any concerns, questions, or issues with child custody in Indiana, you should consult with an Indiana child custody lawyer. The decisions the court makes can have long-lasting implications for you and your children.
By using LegalMatch, you can find a lawyer in your area who can begin working to help resolve your custody issue immediately. You will have access to a database of licensed and pre-screened attorneys at no cost to you.
All you have to do is submit your custody question or concern on the website, which only takes around 15 minutes. In around 24 hours, member lawyer matches in your area will respond to your concern.
