Now Hiring Experienced Attorneys

Call Now

Call Now

Call Now

Blog

Paternity

What is Paternity? How Do We Establish Paternity Of Our Child In Indiana?

"We love each other, but are not married and want to make sure we do it right and give our baby the dad’s name."

At Ciyou & Dixon, we have handled virtually every type of Indiana paternity case, from the straightforward in establishing paternity to the novel and unusual, such as challenging DNA results. The area is fairly technical since the legal system evolved around the traditional model of a married man and wife and family, and child born in wedlock.

For this reason, the father of the child has no legal rights or obligations (unlike the father of a child born in wedlock) until paternity is established. Under Indiana law, a putative father’s paternity can only be established in one of two ways. The most common is by a father executing a paternity affidavit upon the child’s birth. The other is by a lawsuit under the paternity act.

It is only when paternity is established that a father may seek physical and/or legal custody. In addition, there is no legal duty for a putative father to sign a paternity affidavit or agree to paternity. The way paternity is established when a father is unwilling to accept parentage or when the parties are unsure who the father of the child is, is by genetic testing.

Genetic testing is usually a straightforward process. Each party has a saliva swab taken to the official source providing the service for the court. If a man is a child’s father, it will be established by a greater than 99% probability. In certain cases, even the paternity test may be challenged. What is clear is that a store-bought paternity test is not sufficient to establish paternity.

After paternity is legally established and a custody and support order is issued by the court, the case proceeds and tracks the process in much the same way as a divorce case. The Indiana Child Support Rules and Guidelines are used to establish child support and its modifications. The Indiana Parenting Time Guidelines govern parenting time.

In addition, modifications of physical and legal custody and child support follow different, but identical, statutory provisions to divorce matters. In other words, the same facts that establish a modification in a divorce case should result in the same outcome in a paternity case. There are some slight differences, but a skilled advocate can navigate around these (such as provisions for a custody evaluation and attorney fee award).

Again, because paternity involves a child born out of wedlock, the rules are technical. For instance, a father who desires a relationship with a child he believes is his, must file a paternity action within two years of the child’s birth, or he is barred under the Paternity Act. As a parent, if paternity issues are what you face, you should retain knowledgeable counsel to help you navigate these complicated legal rules.

The consequences for technical failures are often severe, ranging from estopping a father from filing a paternity action to denying a child of a relationship with his father and the child support that might yield. Know your facts, and work with counsel to meet the child’s best interests. The paternity lawyers at Ciyou & Dixon are skilled attorneys and are here to help.

Share on facebook
Facebook
Share on twitter
Twitter
Share on linkedin
LinkedIn
Share on pinterest
Pinterest
Share on email
Email

We Listen & Care

Proven & experienced attorneys successfully advocating & resolving complex cases for over 25 years

Quick Contact

Need to talk now? Fill out the quick form below and we will contact you directly.
Blog Categories

Get In Touch

We're available to answer your questions 24/7.

Contact Us

Please fill out the form below and we will be in touch with you shortly.

Ciyou & Dixon, P.C., is a law firm located in Indianapolis, Indiana. We serve clients in six core practice areas: family lawappellate practicefirearms lawgeneral practicepersonal injury and criminal law.

Copyright © 2021 Ciyou & Dixon, P.C., Attorneys at Law. All rights reserved. This Site does not provide legal advice; please review the disclaimer for other limitations. Privacy Policy

Based in Indianapolis and founded in 1995, Ciyou & Dixon, P.C. is a niche law firm focused on successfully dealing with the complexities of divorce, high-conflict child custody and family law. Known for their ability to solve extremely complex situations with high quality work and responsiveness, Ciyou & Dixon will guide you every step of the way. The family law attorneys at Ciyou & Dixon, P.C. will help you precisely identify your objectives and the means to reach your desired result. In addition, this practice focus is augmented by the firm's other three core areas, namely appellate advocacy, civil practice, and firearms law. Life is uncertain. Be certain of your counselSM.

Indianapolis Divorce Attorneys, Ciyou & Dixon, P.C. of Indianapolis, Indiana, offers legal services for Indianapolis, Zionsville, Noblesville, Carmel, Avon, Anderson, Danville, Greenwood, Brownsburg, Geist, Fortville, McCordsville, Muncie, Greenfield, Westfield, Fort Wayne, Fishers, Bloomington, Lafayette, Marion County, Hamilton County, Hendricks County, Allen County, Delaware County, Morgan County, Hendricks County, Boone County, Vigo County, Johnson County, Hancock County, and Tippecanoe County, Indiana.