If you or a loved one needs to establish paternity, challenge paternity, or secure visitation rights, you need a dedicated and compassionate paternity lawyer. The attorneys at Jones Law Office are here to fight for your rights and represent you in court.
In Indiana, paternity law states that if the couple is married, the husband is legally the father of the child. In cases of unmarried parents or doubt about the identity of the father, paternity must be established.
To establish paternity, an affidavit can be executed at the hospital if the mother of the child was unmarried at conception and remains unmarried at birth. Additionally, Indiana law states that the father has 72 hours after the child’s birth to execute a Voluntary Declaration of Paternity. Once the affidavit is signed by both parents, paternity is legally established. After the 72-hour period, the parents can execute a paternity affidavit at the local health department to establish paternity until the child is of age for emancipation.
The affidavit in all cases in which it is executed is presented to the mother and father separately in order to prevent any influence that would affect the binding document.
If you are considering executing a paternity affidavit, you should consult a paternity attorney. The attorneys at Jones Law Office can help you fully understand your rights and responsibilities as the legal father of your child.
Establishing paternity by affidavit does not secure parenting time or child support. When a paternity affidavit is not or cannot be used, paternity can be established through paternity action in court. Both parties can submit written agreements acknowledging paternity, or if paternity is unsure or disputed, paternity testing can be done to determine the biological father of the child. At this point, the court would issue a decree establishing paternity for the father. It is important to understand that established paternity comes with obligations and responsibilities to the child.
To challenge paternity, a paternity lawyer would act to present affidavits and required legal forms to the court and provide evidence to dispute paternity by ordering genetic testing or providing additional evidence to show the legal father is not the biological father of the child. Specifically, paternity is often challenged on the grounds of contaminated lab results, false lab results, proof of infertility or sterility, proof that the genetic testing results were tampered with, or proof that the mother of the child was unfaithful in her marriage. Our attorneys can help file a complaint for challenging paternity with the court and presenting sufficient evidence to the court to disprove paternity.
A paternity lawyer can also help in considering situations of divorce or legal separation and helping to negotiate terms for coparenting or involving litigation to ensure parental rights remain for the child’s legal father. A paternity lawyer also handles issues of custody, visitation, and child support in these cases.
If paternity is at doubt or unestablished, our attorneys can work with you to establish paternity, secure visitation rights, or challenge paternity.
Need Help with Paternity?
Call Jones Law Office at (574) 239-7017 or fill out the form to schedule a free case evaluation today.