Custody Lawyer for Unmarried Parents in Indianapolis

In Indiana, when a child is born to unmarried parents, the biological mother automatically has sole legal and physical custody. For a father to establish rights, including custody and parenting time, paternity must be legally established.

This can happen in two primary ways:

• Paternity Affidavit: Both parents sign this document at the hospital within 72 hours of the child’s birth or at the local health department shortly thereafter.
• Court Order: Either parent can file a paternity action in court. This may involve genetic testing if there is a dispute regarding biological fatherhood.

Until paternity is established, a father has no legal right to visitation or decision-making power, and a mother cannot enforce child support obligations. Establishing paternity is the critical foundation for all future custody and support orders.

Indiana law distinguishes between two types of custody, and it is possible for parents to share one but not the other.

• Physical Custody: This refers to where the child lives. A parent can have primary physical custody (the child lives with them most of the time), or parents can share joint physical custody (the child splits time relatively evenly between homes).
• Legal Custody: This involves the authority to make major life decisions for the child, such as those regarding education, healthcare, and religious upbringing. Courts frequently award joint legal custody to encourage co-parenting, even if one parent has primary physical custody.

When parents cannot agree on a custody arrangement, an Indiana judge will make the decision based on the “Best Interests of the Child.” This is the gold standard in family law. The court considers several factors, including:

• The age and sex of the child.
• The wishes of the child (with more weight given to children over 14).
• The child’s interaction and relationship with parents, siblings, and other significant people.
• The child’s adjustment to home, school, and community.
• The mental and physical health of all individuals involved.

The goal is not to punish one parent or reward the other, but to create an environment where the child can thrive.

Many unmarried parents rely on informal “handshake” agreements for visitation and support. While this may work amicably for a while, it offers no legal protection if the relationship between parents sours.

• Parenting Time (Visitation): A court-ordered schedule ensures that both parents have guaranteed time with their child. It provides a clear framework for holidays, weekends, and summer breaks, reducing conflict and confusion.
• Child Support: A formal support order ensures that the child’s financial needs are met consistently, based on the specific Indiana Child Support Guidelines rather than guesswork.

Family law statutes are complex, and the outcome of a custody hearing can shape your child’s life for years to come. Whether you are a father seeking to establish your rights or a mother wanting to secure support and a stable schedule, navigating the court system alone is risky.

An experienced attorney can help you:

• File the necessary paternity petitions correctly and on time.
• Mediate disputes to reach a peaceful agreement outside of court.
• Present compelling evidence regarding the best interests of your child.
• Modify existing orders as your child grows and circumstances change.

Don’t leave your parental rights or your child’s future to chance. If you are an unmarried parent in Indiana seeking clarity and legal protection, the team at Villarrubia & Rosenberger, P.C. is here to help.

Contact us today to schedule a consultation and let us advocate for the best possible future for you and your child.