Who Has Legal Custody of a Child When the Parents Are Not Married in Indiana

If the court approves the content of the custody and maintenance part of the agreement, it can be included in the divorce decree. Since the best interests of the child must always be determined by the court, this part of the agreement is not automatically included. Custody refers to how to deal with important decisions that occur in a child`s life. Parents may share joint custody or either party may have sole custody. Unmarried parents share most of the custody and legal responsibilities of other parents, but Indiana courts handle custody cases involving unmarried parents in a slightly different way. (i) Share authority and responsibility for the most important decisions relating to the upbringing of the child, including the education, health care and religious education of the child; and once an Indiana court finds paternity and issues a court order regarding custody, access, and child support, the court order should end questions and arguments about custody, parenting time, and support arrangements. There may still be a dispute between the parties, or one of the parents may still not be able to follow the court order, but the party who does not follow the court orders could be held in contempt of court for these acts. Without a court order on paternity, the other party really has no recourse. (3) A statement that if the mother and the person described in clause (g) (2) do not agree to share joint custody, the mother has sole custody, unless a court decides otherwise in proceedings under AC 31-14.

If your child is slightly older and their wishes can be accommodated by the court (i.e., at least 14 years of age), your child`s appearance in court may be required. 1. Financial support from both parents 2. The medical records of both parents 3. Social security and benefits for veterans 4. Life and Health Insurance Benefits In Indiana, child custody is based on the best interests of the child. What is in the best interests of the child is determined by the court on the basis of an analysis of a number of factors established by law. Indiana`s parenting guidelines also take into account vacations and other circumstances such as birthdays, spring and winter vacation, and summer vacation. They also provide for different parental periods for the non-custodial parent depending on the age of the child or children. The parent who does not receive physical custody of the child has time with the child through a visit called “parental leave”. Thus, if a father of an illegitimate child wants custody of his child, he must bring an action for paternity. Even joint custody requires the parties to do something more than agree in the affidavit of paternity, that is, the father must pass a genetic test and present it to the local health worker, which many people do not get in time.

IF THE CHILD`S PARENTS ARE DIVORCED, the divorce decree must indicate who has custody of the child. The court`s most recent custody order is the one that should be followed. You can contact the court where the divorce was made to get a copy of the court`s latest custody order. (1) Signed in a hospital within 72 hours of the birth of the child; or IF THE PARENTS ARE NOT MARRIED AND HAVE NEVER BEEN MARRIED, and there is no court order for custody of the child, then the child`s mother has custody of that child until a court says otherwise. In other words, the mother of a child born out of wedlock has sole custody of the child, unless a court has made an order giving custody to someone else. In Indiana, a biological father must sign a declaration of voluntary paternity within the first 72 hours of the child`s birth. If both the father and mother sign the voluntary declaration of paternity – hospitals provide the form – the father is legally recognized as the father of the child. If a child is mature enough, the court may also consider the child`s preference in a custody dispute, but again, a court will base its final custody decision on what it considers to be in the best interests of the child. You will get the in-depth legal advice, advice and ideas that an unmarried parent in this state will greatly need. (ii) have equal access to the child`s school and medical records. If paternity is established, the court may make an order establishing the maintenance of the children.

Under Indiana`s paternity laws, the court-issued child support order MAY include the period from the child`s birth and the period after the paternity claim is filed. The importance of establishing paternity in Indiana usually arises when a couple who had a child together is no longer in a relationship. Well, if the relationship between the parents has deteriorated, many parents want to know, what are the rights of fathers in Indiana and what are the father`s responsibilities under Indiana law? Therefore, a paternity case may be opened to determine some or all of these problems. Paternity declarations are often used for parents in a relationship when a child is born to consensual parents who want to share parental responsibility. As an unmarried parent in Indiana, you may have additional questions about your legal protections. Talking to an experienced lawyer can help you clarify your understanding and enforce your rights. Contact an Indiana attorney today to take control of your case. The man can request a genetic test even beyond the 60-day mark if the court finds that there was fraud, coercion or material error of fact at the time the affidavit was executed. It is important to note, however, that the court does not suspend the legal responsibilities of a party to the affidavit during the affidavit challenge process. Indiana also has a child support calculator, which allows a party to enter this information into a calculator to get an estimate of the amount of child support.

If you don`t know the amount of the other parent`s weekly income or other amounts, after filing a paternity complaint in Indiana, you can send an alert to the other party to get documents and answers to questions to get that information if they don`t voluntarily share it with you. You can request pay slips, W-2s, tax returns, invoices, etc. If there is no affidavit of paternity in Indiana to establish paternity, both parents, the child (up to the age of 20), the Indiana Department of Children`s Services or the prosecutor may file a paternity case in court to determine paternity….


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