The custody laws for unmarried parents in Indiana provide that a single mother will commonly receive full legal and physical custody over their child. If, at the time the child was born, they were not married, the mother will also be the custodial parent and receive all of the legal rights associated with that title.
This title will specifically apply when the biological father of the child was not listed on the birth certificate and the father did not attempt to claim any rights over their child at birth. If a child’s father did not complete steps to establish their paternity, the mother of the child will have the sole claim to it.
It is common for custody issues to arise when the biological father of a child asks for rights over that child, such as custody or visitation rights. Biological fathers can request these rights whether or not they were ever married to the child’s mother.
When an Indiana court handles a case that involves a child, it must make decisions using the child’s best interests standard. When a child’s mother believes that the father is not fit or able to care for them or that providing the biological father with rights over the child would not be in their best interests, the mother can ask for sole legal and physical custody rights.
For more information on single mother custody rights in the State of Indiana, a parent can schedule a legal consultation with a local Indiana lawyer.
Are There Different Types of Child Custody?
Yes, there are several different types of child custody that a parent may be awarded. Courts try their best to make arrangements that are in the best interests of the child.
The categories of custody that a parent may be awarded includes:
- Joint custody
- Sole custody
- Legal custody
- Physical custody
Joint custody
If parents have joint custody, they share the responsibilities of raising a child. When parents have joint custody, they may have joint physical custody, joint legal custody, or both.
Sole custody
If a child’s parent has sole custody, they are given the majority of the rights over the child. In most cases, their other parent will be provided with visitation rights.
This arrangement is not typically ordered when both of a child’s parents are involved in their life. Sole custody is usually ordered for single parents.
However, if a court deems it necessary to award sole custody to one of the child’s parents, the other parent will usually be awarded visitation rights.
Legal custody
Legal custody gives a parent the right to make decisions about their child, which includes important issues such as their:
- Education
- Religious practices
- Healthcare
- Physical custody
A parent who has physical custody is the parent in whose home the child will live. This parent will also handle the child’s daily needs, which include their clothing, food, and daily transportation to places such as school, doctor’s visits, and other necessary appointments.
In certain locations, a child’s parents are permitted to share physical custody equally. Under this arrangement, a child lives with both of their parents for equal amounts of time.
Who Determines Child Custody?
In most cases, child custody will be determined by the court that handles the case or based on the agreement of the child’s parents. Parents can come to their own custody agreements, giving them flexibility to accommodate their unique schedules and circumstances.
If a child’s parents reach their own agreement for child custody, one of their lawyers can draft a custody agreement outlining their rights and responsibilities related to their child. Custody agreements can cover almost any aspect of custody, such as which parent has primary legal custody, physical custody, and the visitation schedule for the non-custodial parent.
If a child’s parents do draft their own agreement, the court will have to approve it before it will be legally binding. Taking advantage of this ability can relieve some of the stress associated with custody cases.
Courts are likely to approve custody agreements reached by parents because they will be more likely to comply.
Can a Father Take a Child Away From the Mother?
Typically, biological fathers cannot simply take their children away from their mothers, as it may be considered a parental kidnapping. A court that makes child custody decisions in Indiana will follow the child’s best interest standard when dealing with these issues.
Even in situations when the child’s mother is deemed unfit, the father may not immediately receive sole custody and the right to take the child. The parties must first participate in formal legal proceedings, which include a hearing and the court issuing an order.
A child will usually only be removed from their mother’s custody immediately if they are in danger. A court may award child custody to a biological father when:
- The mother wants to relinquish her parental rights
- The child’s mother passes away
- The mother is deemed to be a danger to the child
If the court is handling a child custody issue and making a decision for a child under the child’s best interests standard, the court will consider:
- The age of the child
- The lifestyles of each parent
- The emotional states of each parent
- The employment and financial states of both parents
- The child’s physical, emotional, and medical needs
Can I Move With My Child Without the Father’s Permission?
If a child’s mother is contemplating moving with their child, whether to a new state or a new house in the same town, they need to ask the court for a modification of their existing custody agreement or order.it is likely that they will have to show that the most is in the child’s best interests.
One common example of this is when a parent gets a new or better job. If this job requires a move, the parent will argue that it is in the child’s best interests because they can provide better for the child financially.
In general, a parent cannot move outside of a state without first obtaining permission from the court. Interstate child custody disputes and issues are complicated because they involve laws of different states, and parents may face legal consequences for violations.
When a mother moves without first obtaining permission, they may lose some custody rights and even face jail time. However, if the child’s mother was not ever married to the child’s biological father and there is not a court order in place, the mother may move to any place at any time.
Do I Need a Lawyer for Help With Child Custody Matters if I Am a Single Mother?
If you are an Indiana single mother who has any questions or concerns about your custody rights, your Indiana child custody attorney can give you representation and advice. Issues that involve your children can be some of the most difficult and emotional issues you will handle in your lifetime.
Your custody lawyer can help you understand the Indiana custody laws that will apply to your situation, protect your parental rights, and help you obtain the outcome you want. In addition, your attorney will handle filing all of the required documents, as well as providing you with representation when you attend mediation or negotiations and appear in court.
You can use LegalMatch’s free attorney matching service to quickly find an attorney near you who can help. All you need to do is take about 15 minutes to submit your concern on the website, and in around 24 hours, you will receive responses from member lawyers who are ready to help resolve your concern.
