Indianapolis Indiana Paternity Law and Procedure Handbook

State:
Indiana
City:
Indianapolis
Control #:
IN-599P
Format:
Word; 
PDF; 
Rich Text
Instant download

Description

Across the United States each year, a large percentage of children are born to unmarried parents. State law requires the father to support the child financially, but sometimes the father is hesitant to officially acknowledge paternity of the child. This Paternity Laws and Procedures Handbook provides state-specific paternity resources for establishing paternity, and discusses the relevant law and procedures for in a general, easily understood manner. A law summary of the paternity laws in your state is provided. Voluntary paternity establishment and paternity establishment through court action are discussed, as is the genetic testing that the court may order to confirm paternity in doubtful cases. Reading this Handbook will allow you to go forward in the paternity establishment process with the confidence of knowing what to expect at each turn, and provide you with the points of contact in your state for the people and resources that can help you and your child succeed.

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  • Preview Paternity Law and Procedure Handbook
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  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook
  • Preview Paternity Law and Procedure Handbook

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FAQ

The prosecutor will file the paternity case for free or for a $25 fee. The prosecutor will also usually ask for a child support order, but the prosecutor will not help with custody or visitation problems. When Should I File A Paternity Case? Generally, it must be filed within two years of the child's birth.

Indiana allows a man to execute a Voluntary Declaration of Paternity within the first 72 hours after a child's birth. If both parents sign the paternity affidavit (a form provided by the hospital from the state health department), the father's name will be put on the birth certificate and he will be the legal father.

The prosecutor will file the paternity case for free or for a $25 fee. The prosecutor will also usually ask for a child support order, but the prosecutor will not help with custody or visitation problems.

The notice of a claim of paternity may be filed before the birth of the child but shall be filed within 30 days after the birth of the child.

If they do not agree to joint legal custody, the mother will automatically have sole legal custody (but parents can still use the form to establish paternity). Once paternity is established, a noncustodial father can petition for custody or parenting time rights and will be subject to a child support order.

The fathers' rights in Indiana include his rights to custody, whether legal and/or physical, and his rights to parenting time (visitation) with the child. Likewise, the father has responsibilities which include, but are not limited to, child support.

In other words, a custodial or non-custodial parent may be said to have abandoned or deserted a child. Pursuant to Indiana Code § 31-19-9-8(a)(1), the period of abandonment must last for at least six months immediately preceding the filing of a petition for adoption.

If a party or parties file an Indiana paternity case and both parties agree that a person is a child's biological father, then paternity (?fatherhood?) can be established without a hearing and a genetic test is not required.

Indiana allows a man to execute a Voluntary Declaration of Paternity within the first 72 hours after a child's birth. If both parents sign the paternity affidavit (a form provided by the hospital from the state health department), the father's name will be put on the birth certificate and he will be the legal father.

A paternity affidavit may be completed at the hospital within 72 hours of the child's birth or at your local health department any time before the child is emancipated. If paternity is established by paternity affidavit, the Department of Health will add the father's name to the child's birth certificate.

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Indianapolis Indiana Paternity Law and Procedure Handbook