Determining paternity is an important step for parents to take. For fathers, it helps to define their child custody rights so that they get to see their child, make important decisions on the child’s behalf, and much more. For mothers, it can help to divide child support obligations. If the couple splits up, a father may be ordered to pay child support, so an official paternity declaration is important.
But how exactly is paternity determined in Indiana? In some cases, it is presumed. For instance, if a man and his wife are married at the time of the child’s birth, or if the child is born no more than 300 days after the divorce, the man may be presumed to be the legal father.
A paternity affidavit
If this is not the case, another tactic is to use a paternity affidavit. Both the man and the woman need to sign this document, and it is legally binding. Their claims need to be honest, or they could risk committing perjury. A paternity affidavit can be signed at the local health department for any minor child, but it is often signed within 72 hours at the hospital, directly after the child is born.
A paternity test
If there are questions about paternity – so it cannot be presumed and an affidavit has not been signed – then the court may order that a paternity test be used. DNA testing or genetic testing tends to be over 99% accurate, so this is a definitive way to decide that someone is the father when there is no other evidence.
These types of paternity questions and issues can lead to a complex legal situation, so it is important for mothers and fathers to understand their rights and legal responsibilities.
