Representing Individuals in Fort Wayne, Indiana & Throughout Allen County and Nearby in Paternity Matters
A Fort Wayne, Indiana dad’s right to be a part of his child’s life is one of the most foundational rights as a dad and one of the important aspects of paternity law. Paternity falls under family law and is a concept that establishes a relationship between a dad and his child. This relationship gives the dad the right to seek custody and visitation. It also imbues the dad with the responsibility to financially support and be involved in the child’s life.
Sometimes, however, the mother is not cooperative in allowing the dad to have an active role in the child’s life. In these family law cases, having an experienced Fort Wayne paternity lawyer on your side is vital to help you fight for your rights. At Stange Law Firm, our Indiana paternity attorneys have experience handling all aspects of paternity cases, from establishing paternity to enforcing rights. We understand the importance of dads being able to play an active role in their child’s life, and we will fight to help you get the time you deserve with your child. Connect with an Allen County family law attorney today to secure exclusive family law representation.
What Is Paternity?
Paternity is the legal term used to describe the dad-child relationship. In Indiana, establishing paternity can happen in one of two ways:
- Paternity Affidavit – This is a legal document that allows a man and a woman the declare that the man is the biological dad of a child.
- Court Order – Either parent may file an action with the court seeking the determination of paternity. This action can also be filed by the county child support office if the case is enrolled and open in their office. Parties can agree to paternity without DNA testing, request DNA testing to determine paternity, or the court can hear evidence and decide as to whether or not paternity should be established.
Once paternity is clear, the dad has the legal right to seek custody and visitation. The dad also has the responsibility to support the child financially. Once paternity is established, a child will have access to Social Security dependent or survivor benefits, inheritance rights, veteran’s benefits, and life and health insurance benefits.
What Legal Responsibilities Does Paternity Give the Dad in Allen County?
Paternity gives the dad several legal rights and responsibilities. These include:
- Custody: The dad is entitled to seek custody of his child. This is something that both parents are entitled to from the onset of the child’s birth. If the dad has been identified later in the child’s life, or if paternity has been disputed, he has full grounds to seek custody once paternity has been established.
- Visitation: The dad can also seek visitation rights with his child. This is an important right that allows the dad to be involved in the child’s life. This is especially true when the child spends more time with the other parent through an established custody arrangement. If the other parent has full custody granted to them, the dad can still petition the court for visitation rights to ensure he can spend time with his child.
- Child Support: The dad is also responsible for financially supporting his child. In Indiana, the court determines child support through some factors, including both parents’ income and how much time both the mother and dad spend with the child. The dad is typically required to pay a percentage of his income in child support, which is then used to cover the costs of raising the child.
What Can Make Paternity Difficult to Establish in Fort Wayne, Indiana?
Paternity can be difficult to establish in some cases, including:
- When the other parent refuses to cooperate with DNA testing: To establish paternity through DNA testing, both the other parent and the alleged dad must submit to a test. The test looks for certain markers in the DNA that can be matched to the child. If the other parent refuses to submit to testing, it can make it more difficult to establish paternity. However, the court can order the other parent to submit to testing if there is reason to believe that the person is the child’s dad. The other parent cannot legally deny a suspected dad from taking a paternity test.
- When the mother is married to someone else: If the mother is married when the child is born, the child’s dad is automatically presumed to be her husband. This can make it more difficult to establish paternity if her husband is not, in fact, the dad. To establish paternity in this situation, the dad would need to prove that the husband is not the child’s dad through DNA testing.
- When the dad is not listed on the child’s birth certificate: Typically when a mother is unsure of who the dad was at birth, a dad’s name will not be included on a birth certificate. This will initially give the dad no legal rights to the child, but he can petition the court to have his name added to the birth certificate once paternity has been established.
How Can Paternity Be Established in Fort Wayne, IN?
In the state of Indiana, paternity can be established in a few different ways. A man in Indiana is presumed to be the dad of a child if:
- He and his wife are married when the child is born, or
- If the child is born no later than 300 days after the marriage ends
If the above criteria are not met, paternity can legally be established in Indiana in one of two ways:
- Paternity Affidavit, or
- Court Order
Contact Stange Law Firm in Fort Wayne, Indiana in Allen County, IN Today
If you need assistance establishing paternity in Fort Wayne, need help enforcing paternal rights, or have any other questions about your rights as a dad, contact Stange Law Firm in Allen County today. We can help ensure that your rights are protected and that you have a strong relationship with your child.
We believe that no one should have to go through the paternity process alone, which is why we are happy to consult with you regarding your paternity rights. Contact us today to begin.
Allen County (Fort Wayne), Indiana Office (260-802-4402) | 110 E. Wayne St., Suite 1231, Fort Wayne, Indiana 46802
***Please note that as of January 1, 2025, our Fort Wayne, Indiana office is relocating to 7230 Engle Rd, Suite 200, Fort Wayne, IN 46804
