Parenting laws in Indiana extend the same protections to fathers and mothers. The law does not make any distinction about parental rights solely on the basis of sex. Both parents can request parenting time and a share of decision-making authority. Men often feel uncertain about their parental rights. In some cases, fathers may need to take special steps before they ask the courts to grant them a fair share of physical custody, or parenting time, and legal custody, or parental authority.
Married men generally have their names included on the birth certificates of their children. The state acknowledges them as a father automatically, which makes requesting shared custody easy. Unmarried fathers do not have the same legal protections. They must establish paternity for the state to grant them shared custody.
What options do unmarried fathers have if they want to request shared custody by establishing paternity?
A paternity affidavit
Many unmarried couples fill out voluntary paperwork at the hospital immediately after the birth of a child. A paternity affidavit requires the signatures of both parents. They cooperate to complete the paperwork, and then the father can have his name included on the birth certificate. If the parents execute a paternity affidavit after the child’s birth, it is possible to amend the existing birth certificate to add the father’s name.
A court order
In some cases, the parents may not have a positive relationship with one another. There may be resentment over a failed romantic relationship or other complications that make cooperation impossible. In scenarios where the mother of the child refuses to acknowledge the father, he may need to request a hearing in the family court. The courts can order genetic testing if the man has a credible reason to believe he is the father of the child. If genetic testing supports the man’s claim of paternity, then the courts can order the correction of the birth certificate to include his name. The father then has the right to petition the courts for shared custody or visitation.
Establishing paternity is often a necessary step for unmarried fathers who want to actively participate in the lives of their children. Fathers seeking to secure shared custody may need support as they validate their claims of paternity, especially in cases where mothers do not voluntarily acknowledge them, and that’s okay.