What is Paternity?
Paternity is the process of establishing a legal relationship between the child and father. Without establishing this relationship, a biological father does not have any legal rights regarding their children. Even if a father is currently able to spend time with his child, without an order from the Court, the father his not able to enforce the right to spend time with his child.
How Can You Establish Paternity?
There are a variety of methods to establish paternity. The mother and father can sign a paternity affidavit at the hospital when the child is born, recognizing the child is biologically the father's child, however, it is recommended that even if the father had signed a paternity affidavit, that paternity be established through the legal process. If the parents both agree that the presumed father is the biological father, then no DNA test is necessary. If the parties disagree, the Court can order a DNA test to determine if the supposed father is actually the biological father. It is important to establish paternity through the Court system to make sure that the child is able to receive all the benefits that he or she would be entitled to receive if his or her parents were married.
According to Indiana law, the mother (or expectant mother), the father, the department or county office of family and children, and/or the prosecuting attorney can file an action to establish paternity. The Petition to Establish Paternity requests that the Court establish paternity between the father and the child. Such petitions are usually accompanied by requests to establish child support, determine custody, and to order an appropriate parenting time schedule.