In Indiana, the primary difference in child custody between unmarried and married couples is that unmarried mothers automatically have sole legal custody of the child until the court orders otherwise. In contrast, married couples share joint custody until a court decides differently during divorce proceedings.
Let us explore how unmarried parents can manage child custody in Indiana, what rights each parent has, and how to navigate the legal process.
Custody rights
When a child is born to unmarried parents in Indiana, the mother gets sole legal custody by default. She can make all decisions about the child’s upbringing, education and health care. The father has no legal rights to the child until he establishes paternity and gets a court order for custody or parenting time.
If you’re an unmarried father who wants custody or visitation rights, you must first prove you’re the child’s legal father. You can do this by signing a paternity affidavit within the next 72 hours at the hospital where the child is born or by filing a paternity case in court later. Once paternity is established, you can ask the court for custody or parenting time.
The legal process for unmarried parents
Unmarried parents must go through the court system to get a custody order. The process usually starts when one parent files a petition for custody. The court may then order mediation, where both parents must agree on a parenting plan with the help of a neutral third party. If mediation works, the court will usually approve the agreement and make it a court order.
If parents can’t agree, the case goes to a custody hearing. Both parents can present evidence and testify about why they should have custody. The judge will then decide based on what’s best for the child. This decision becomes a court order that both parents must follow.
Why legal help matters
Dealing with child custody as an unmarried parent can be complicated. An attorney with experience in Indiana family law can help you understand your rights, file paperwork, prepare for court hearings, and effectively argue your case. This can make a significant difference in getting the custody arrangement you want.
Unmarried parents in Indiana face unique challenges when it comes to child custody. By understanding the legal process and seeking help when needed, both parents can work towards a custody arrangement that serves their child’s best interests.