Unmarried Parents

Child custody matters can be complicated, especially for unmarried parents in Indiana who may be unsure of their legal rights. Unlike married couples, unmarried parents must take specific legal steps to establish custody. Understanding these requirements is the first step toward protecting your relationship with your child. 

At Arshad, Pangere & Warring, LLP, our experienced family law attorneys help unmarried parents navigate Indiana’s custody laws with confidence. We develop practical legal strategies and communicate directly to address your specific needs. We guide unmarried parents through what they need to know about establishing parental rights and seeking custody in Indiana.

Why Establishing Paternity is Crucial

Before a father can seek custody or parenting time, he must legally establish paternity. This is a critical step that grants him the legal standing to pursue parental rights in court.

Under Indiana law, when a child is born to unmarried parents, the mother is automatically granted sole legal and physical custody. The father has no legal rights to custody, parenting time or decision-making until paternity is formally confirmed. In Indiana, paternity can be established in two primary ways:

• Voluntary Acknowledgment of Paternity: The simplest method is for both parents to sign a Paternity Affidavit, which is usually offered at the hospital after the child’s birth. This signed document legally confirms the father’s parental status without court involvement.
• Court-Ordered Paternity Testing: If there is a dispute or one parent is unwilling to sign the affidavit, either parent can file a paternity action in court. The court will then order a DNA test to determine the biological father, providing definitive legal proof.

It is important to note that simply having a father’s name on the birth certificate does not establish legal paternity in Indiana. One of these formal processes must be completed.

Petitioning for Custody and Parenting Time

Once paternity is established, both parents are on equal ground in the eyes of the court. Unmarried fathers can then petition for physical custody, legal custody, specific parenting time (visitation) or a joint custody arrangement. The process starts with submitting a custody petition to the appropriate court in Indiana, which details your relationship with the child and the custody arrangement you are seeking.

Indiana courts do not automatically favor mothers or fathers. Instead, all decisions are based on the “best interests of the child” standard.

Factors Indiana Courts Consider

When determining custody arrangements, judges evaluate several factors to decide what best serves the child’s well-being. These factors include:

• The child’s bond with each parent.  
• Each parent’s physical and mental health.  
• If either parent has a history of domestic violence or abuse.
• The child’s adjustment to their home, school and community.  
• Parents’ willingness to support the child’s relationship with the other parent.

Building a Strong Custody Case

To support your custody petition, it is vital to gather compelling evidence that demonstrates your fitness as a parent. Document your involvement in your child’s life, including participation in daily routines and school activities. Keep records of any financial support you have provided, and collect witness statements from teachers, family members or childcare providers who can attest to your positive relationship with your child. Maintaining a clear record of cooperative communication with the other parent can also strengthen your case.

Protect Your Parental Rights

Custody cases involving unmarried parents require a thorough understanding of Indiana family law. The legal process can be confusing, and any missteps can have long-lasting effects on your relationship with your child. The dedicated attorneys at Arshad, Pangere & Warring, LLP have decades of experience helping families resolve custody disputes effectively. Contact us today to learn how we can help you protect your parental rights.