Paternity
The mother of a child born out of wedlock may desire to establish paternity of her child in order to receive child support and regulate visitation. Meanwhile, the father may want to prove his paternity so he can obtain custody or visitation.
Establishing Paternity
For purposes of establishing paternity in Indiana, the alleged father must either admit or be proven to be the child's father. Sometimes a paternity affidavit is signed at the hospital when the child is born to establish a rebuttable presumption of paternity. If there is no such affidavit, a DNA Paternity Test may be requested through the court. The father can voluntarily acknowledge his paternity in writing. Meanwhile, paternity can be established for any child up to the child's 18th birthday.
Rights and Responsibilities of Fatherhood
Until there is a court order establishing paternity, the father has no legal rights to the child including the custody and visitation. After paternity is established, the father has the legal standing to seek a court order for custody or visitation and may be obligated to pay child support for the child.
Once the father is adjudicated by the court to be the biological fatther, the child will be afforded legal rights and privileges that belong to any child born within a marriage. Among those are rights of inheritance, rights to the father's medical and life insurance benefits and to social security and veterans benefits which may be available.
Our experienced attorneys can help explain your rights and responsibilities when establishing paternity. Contact the family lawyers at Waters, Tyler, Scott, Hofmann & Doane, LLC -- (812) 949-1114. Weekend and evening appointments available; major credit cards accepted.