Indianapolis Paternity Law Attorney
A paternity action is a legal proceeding to establish the father of a child born out of wedlock. Once paternity is established, the court can order the father to pay child support and also provide parenting rights. In some cases, if it is in the best interest of the child, the father may be awarded primary physical custody.
In the past, paternity actions were usually initiated by the mother to collect child support. Now fathers are just as likely to contact a lawyer for parenting time or custody.
In Indiana, the father can sign a paternity affidavit at a hospital when the child is born. If paternity is contested, the parties can request or the court can order DNA testing.
Establishing Paternity Rights and Obligations in Indiana
- Legal custody. In a paternity case, the presumption in Indiana is that the mother will have sole legal custody of the parties’ minor child. Legal custody is the right to make medical, religious and education decisions for the child.
- Parenting time. The non-custodial parent has the right to see their child(ren) according to the Indiana Parenting Time Guidelines.
- Child support. Non-custodial parents are required to pay child support according to a formula. It is based on the gross income of the parents and several other factors including childcare, health insurance and overnight parenting time of the non-custodial parent.
- Modification to child support. The parties can modify child support if there is a substantial change in financial circumstances— such as a layoff or a promotion.
- Enforcement of support and parenting orders. If you are not receiving child support or parenting time rights, you can go to court to enforce the order. The court will enforce the current order if applicable and, if contempt is found, order the non-complying party to pay attorney fees.
Attorney Vanessa López
Free Attorney Consultation
To discuss your paternity law case with lawyer Vanessa López, call 317-644-6261 (español: 317-715-1847) or fill out our simple contact form. Evening and weekend appointments are available. Hablamos español.
