Indianapolis Father’s Rights Lawyer

In the past, courts around the country used to treat mothers and fathers differently in custody battles. The traditional approach was to favor the custodial interests of the mother over the father. However, courts today treat fathers and mothers the same and give equal consideration to both parents, basing custody determinations on what is in the best interests of the child.

Even though courts no longer operate with a gender bias towards mothers, fathers still have particular interests that a family law attorney could help them protect. If you are a father who has concerns about your parental rights, custody, or child support obligations, a dedicated Indianapolis father’s rights lawyer could represent your interests.

If you would like to play a role in your child’s life, the first thing that you need to do is establish that you are the father. If you were married to the child’s mother at the time of the child’s birth or a child was born up to 300 days after you got divorced from the child’s mother, state law automatically assumes that you are the father. With the legal presumption of paternity, you automatically have parental rights, including the right to seek custody, visitation, or child support.

If you were not married to the child’s mother at the time of the birth, you need to establish paternity before trying to assert any of your legal parental rights regarding the child.

Voluntary Acknowledgement of Paternity

The easiest way to acknowledge paternity is for both parents to voluntarily sign a paternity affidavit stating that the man is the biological father. Parents can sign the affidavit at the hospital within 72 hours of the child’s birth, or they can complete the affidavit at their local health department. By establishing paternity via affidavit, the parties do not need to obtain a court order.

Disputed Paternity

If the parents dispute paternity, either parent can request a hearing for a court determination of paternity. At the hearing, the parties can either agree on paternity or request a genetic test.

At Eskew Law, our Indianapolis attorneys understand that establishing paternity is critical to asserting any of your paternal rights and could help you navigate the proper legal channels to do so.

What Kind of Father’s Rights Can You Pursue After Establishing Paternity?

After establishing paternity, you are legally eligible to exercise your parental rights in matters of custody and support.

Custody

As the legal father, you have the right to pursue both legal and physical custody of your child. Legal custody gives you the right to have input in critical decisions regarding your child’s upbringing in issues such as health care, religion, and education. Physical custody concerns your right to spend time with your child.

Custody decisions involve determinations of what is in the best interests of the child. Our Indianapolis attorneys could help you enforce your rights and gather evidence to show that preserving the relationship between you and your child is in their best interests.

Support

Both parents have a financial obligation to support their children regardless of whether they play a role in their children’s lives. If you have primary custody of your child, you can pursue child support from your child’s other parent. Although it is important to note that if you establish paternity and do not have primary custody, you will likely owe child support, but we could help ensure those payments are calculated fairly.

Every parent who wants to play a role in their child’s life should have that opportunity, regardless of whether they are a mother or a father. At Eskew Law, our seasoned Indianapolis attorneys are diligent advocates for paternal rights. We could help you establish paternity and protect your other parental rights. Contact us and meet with a dedicated Indianapolis father’s rights lawyer today, and let us help. We care about the people in our community and are motivated to make a difference for each client we help.