Home » Law and Legal Articles » Father's Rights in Indiana
Father's Rights in Indiana
Fathers have rights and obligations to their children. In Indiana, Fathers have the right to see their children and participate in making decisions that affect the education and health care of their children.
October 20, 2011 /Law and Legal PR News/ -- Father's Rights in Indiana
Fathers have rights and obligations to their children. In Indiana, fathers have the right to see their children and participate in making decisions that affect the education and health care of their children.
Father's rights are important. Unmarried fathers need to establish paternity. For unmarried couples, the hospital may ask the father to sign an affidavit acknowledging paternity of the child. A paternity affidavit will establish the father-child relationship.
Affidavit of Paternity
The paternity affidavit guarantees all paternal rights and responsibilities, including child support. The paternity affidavit does not affect the mother's custody unless a custody proceeding is initiated to establish visitation. A section of the form also allows couples to agree to share legal custody, but both signatures are required.
Public policy favors establishing paternity for children born to unmarried parents. Thus the paternity affidavit is generally final after 60 days. If genetic testing is requested within 60 days and establishes the supposed father is not biologically related, the affidavit will be set aside. Otherwise, the only way to set aside a paternity affidavit after 60 days is to allege that fraud, duress, or material mistake of fact existed in the execution of the affidavit and genetic testing excludes the presumed father.
Child Visits
In all cases of divorce and after paternity has been established, fathers have the right to petition the court for joint custody. Parents with joint custody share equal parenting responsibilities. When considering custody fathers need to consider the age of the child, transportation between homes, and disruption to the child's routine. Even if the court finds that joint custody is not appropriate, fathers have the right to request a liberal visitation schedule with weeknight and weekend visits.
Generally, a court favors joint legal custody. Joint legal custody allows fathers to take part in making decisions regarding schooling and medical care.
Child Support
Child support is based on income, but also takes into account the costs for child care and health insurance. Any prior child support obligations or spousal maintenance from a prior marriage are taken into consideration. The court calculates a child support obligation using the state's Child Support Guidelines. Fathers can request a modification of child support, if they lose a job or have a future change in salary. Be cognizant that the failure to pay child support is a crime and punishable by fines and possible jail time.
If you have any questions regarding the paternity of your child, you may want to wait to sign an affidavit of paternity. Contact an attorney to discuss your rights and responsibilities.
Article provided by The Bellinger Law Office
Visit us at www.bellingerlaw.com
---
Press release service and press release distribution provided by http://www.24-7pressrelease.com |
|
|
Press Release Contact Information:
Findlaw PR
|
|
|
|
|
| LAW AND LEGAL ARCHIVE SEARCH |
|
|
| |
| SUBMIT LAW AND LEGAL NEWS |
|
|
| |
|
|
Advertise With Us |
About Us |
Contact Us