Why Paternity Matters for Custody and Parenting Time in Indiana
June 16, 2025

In Indiana, establishing paternity isn’t just a legal formality—it’s the foundation for a father’s rights and responsibilities when it comes to child custody and parenting time. Whether you're a father seeking more time with your child or a mother wanting to ensure support and involvement, understanding the role of paternity is key to protecting the child's best interests.


This post explains what paternity means, how it’s established, and why it matters so much in family law cases involving custody, parenting time, and child support.

 


What Is Paternity?

Paternity is the legal recognition of a man as a child’s father. In Indiana, if parents are married when a child is born, the husband is presumed to be the legal father. But if parents are unmarried, the father must take additional steps to establish paternity—even if he is already involved in the child's life.


Without legal paternity, a father has no enforceable rights to parenting time or decision-making—even if he is biologically related to the child.

 


How to Establish Paternity in Indiana

There are two main ways to establish paternity if the parents are not married:

  1. Paternity Affidavit
  • This form can be signed at the hospital when the child is born or later at the local health department.
  • It must be signed by both parents and filed with the Indiana State Department of Health.
  • This gives the father legal rights, but does not automatically create a parenting time or custody order.

   2. Court Order

  • Either parent may file a paternity action in court.
  • If there is a dispute, the court may order DNA testing.
  • Once paternity is established by court order, the court can also enter orders regarding custody, parenting time, and child support.

 


Why Paternity Matters for Fathers

Without establishing paternity, a father cannot:

  • Request custody or parenting time through the court
  • Make legal decisions for the child (like education or health care)
  • Have the court protect his parenting rights

Establishing paternity is the first step to creating a parenting plan, having shared responsibilities, and building a legally recognized relationship with your child.

 


Why Paternity Matters for Mothers and Children

For mothers, establishing paternity is essential for:

  • Seeking child support
  • Ensuring the child has access to both parents' medical histories
  • Allowing the child to qualify for certain benefits through the father (like Social Security, inheritance, or veteran’s benefits)

And for children, legal paternity gives them a clearer identity, financial security, and—perhaps most importantly—the right to have a relationship with both parents if it is safe and appropriate to do so.

 


What Happens After Paternity Is Established?

Once paternity is confirmed, either parent can request a court order for:

  • Custody – The court decides who will make major decisions for the child and where the child will primarily live.
  • Parenting Time – The non-custodial parent (or sometimes both) can receive a parenting schedule, often following Indiana’s Parenting Time Guidelines.
  • Child Support – Based on income and parenting time, the court may order financial support.

Establishing paternity opens the door to these discussions and provides a legal framework for moving forward.

 


How Mediation Can Help

Mediation offers a respectful, non-adversarial space to work out parenting agreements after paternity is established. A mediator can help both parents:

  • Develop a parenting time schedule
  • Create a custody arrangement that works for the child
  • Resolve conflict in a child-centered way

At Hope For Our Future, LLC, we regularly help parents navigate these conversations without heading straight into courtroom battles.

 


Final Thoughts

Paternity is more than paperwork—it’s the legal and emotional foundation of a child’s right to be loved and supported by both parents. Whether you’re a father seeking involvement or a mother wanting to clarify legal rights and responsibilities, taking steps to establish paternity is a powerful first move toward healthy co-parenting.



If you need support with mediation, parenting coordination, or understanding your options after paternity is established, we’re here to help.


This post was written by Chelle Hendershot, who is a dedicated Mediator, Guardian ad Litem, and Parenting Coordinator at Hope For Our Future, LLC, with a passion for helping individuals and families navigate through life's most challenging moments. This post is not intended to be legal advice and is for marketing purposes only.


Photo Credit: 7182409 Partnerinflight Dreamstime.com

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