The law in Indiana protects the rights of parents while simultaneously prioritizing the best interests of children. Parents who choose to end their relationship with one another usually have the option of working cooperatively to settle disagreements about how they share parenting time and parental authority.
If they don’t agree on how to allocate parental rights and responsibilities, then they may need to go to court. The family courts should give both parents equal consideration under the law while setting terms that focus on the children’s best interests. Unmarried fathers often feel quite anxious about asserting themselves in custody-related matters. They may convince themselves that they have no rights under the law.
Does the marital status of parents influence the outcome of custody disputes?
Unmarried fathers have legal protection
The law in Indiana generally does not provide priority consideration for either parent on the basis of their sex during custody litigation. Both mothers and fathers have a right to shared custody when they no longer live with the other parents of their children.
Additionally, marital status does not influence the rights of parents in a custody dispute scenario. Unmarried parents have the same essential rights and responsibilities as married parents do. However, unmarried fathers sometimes have to prove that they have parental rights.
They must establish paternity with the state before they can request custody in the family courts without the support of the mother. Establishing paternity can be done voluntarily with the assistance of the mother.
Many men establish paternity immediately after the birth of their children at the hospital. Others fill out cooperative paperwork acknowledging their paternity to add their names to the birth certificate of their children. In cases where mothers decline to acknowledge fathers, the courts can order genetic testing. A successful test proving a man’s genetic connection to his children may make him eligible for the same rights as any other parent.
Unmarried fathers hoping to make use of their legal rights may need support as they navigate the family law system, and that’s okay. Learning about the rights of unmarried fathers and how the courts handle contested custody cases can empower men to play an active role in their children’s lives.