Can Unmarried Parents Seek Custody in Indiana?

Custody matters for unmarried parents in Indiana can feel overwhelming, especially when you’re unsure about your legal rights. Unlike married couples who have established parental rights through marriage, unmarried parents must take specific legal steps to secure custody and visitation arrangements. Recognizing these requirements is crucial for protecting your relationship with your child. At Arshad Pangere Warring, LLP, we help unmarried parents navigate these custody laws with confidence. Our experienced family law team develops effective approaches for addressing each client’s unique needs while communicating directly about complex legal matters.

Why Is Establishing Paternity Important?

Before any custody discussions can begin, unmarried fathers must legally establish paternity. This critical first step determines whether you have the legal standing to seek custody or visitation rights in Indiana courts.

When a child is born to unmarried parents, the mother automatically receives sole legal and physical custody under Indiana law. The father has no legal rights regarding custody, visitation or decision-making until paternity is confirmed through one of two methods:

Voluntary Acknowledgment of Paternity

• Both parents can sign a Voluntary Declaration of Paternity form, typically at the hospital after birth
• This document legally confirms the father’s parental status
• The process is straightforward and doesn’t require court involvement
• Both parents must agree and sign voluntarily

Court-Ordered Paternity Testing

• Either parent can file a paternity action in court if there’s a dispute
• The court will order genetic DNA testing to establish biological parentage
• This option is necessary when parents disagree about paternity
• Results provide definitive legal proof of the father-child relationship

Remember that simply having your name on the birth certificate doesn’t establish paternity in Indiana. Only these formal legal processes create the parental rights necessary to pursue custody arrangements.

What Custody Rights Do Unmarried Parents Have After Paternity Is Established?

Once paternity is legally confirmed, both parents stand on equal ground regarding custody rights. Indiana courts treat all parents identically when making custody decisions, regardless of marital status.

Equal Custody Rights

After establishing paternity, unmarried fathers can petition for:

• Physical custody (where the child lives)
• Legal custody (decision-making authority for education, healthcare and welfare)
• Visitation or parenting time arrangements
• Joint custody sharing responsibilities with the mother

The court doesn’t favor mothers or fathers based on gender. Instead, judges focus entirely on what arrangement serves the child’s best interests.

Best Interests of the Child

Indiana courts consider multiple factors when determining custody arrangements:

• The child’s relationship with each parent
• Each parent’s physical and mental health
• History of domestic violence or abuse
• The child’s adjustment to home, school and community
• Each parent’s willingness to encourage the child’s relationship with the other parent

These factors ensure that custody decisions prioritize the child’s well-being above all other considerations.

What Steps Should Unmarried Parents Take to Seek Custody in Indiana?

Successfully obtaining custody requires careful preparation and understanding of Indiana’s legal procedures. Taking the right steps from the beginning can significantly impact your case outcome.

Filing a Petition

The custody process begins with filing the appropriate legal documents:

• Submit a custody petition to the Indiana court in your county
• Include detailed information about your relationship with the child
• Specify the type of custody arrangement you’re seeking
• Pay required court filing fees
• Serve the other parent with legal notice of your petition

Working with experienced family law attorneys means your petition includes all necessary information and follows proper legal procedures.

Gathering Evidence

Strong evidence supports your custody case and demonstrates your fitness as a parent:

• Document your involvement in the child’s daily life and activities
• Collect records showing financial support you’ve provided
• Gather witness statements from family members, teachers or childcare providers
• Maintain records of your living situation and stability
• Keep communication logs with the other parent showing your cooperation efforts

The more comprehensive evidence you present, the stronger your position becomes in custody proceedings.

Protecting Your Parental Rights Through Legal Assistance

Custody cases involving unmarried parents require professional knowledge of Indiana family law. The stakes are high, and mistakes in the legal process can affect your relationship with your child for years to come. Arshad Pangere Warring, LLP brings decades of experience helping families resolve custody matters effectively. Contact us today to learn how we can help protect your parental rights.