Fathers’ Rights attorney
There is a prevalent misconception that fathers are not entitled to the same degree of parental rights as mothers. This is actually false. They have the same constitutional rights as do mothers and courts throughout the country are increasingly sympathetic to the rights of fathers, understanding that it is in the child’s best interests to be allowed a healthy relationship with both parents. This includes spending adequate time with both parents.
The court is required by law to have no gender bias and is required to enter a custodial and parenting time order that it finds to be in the child’s best interest. The court may grant joint custody or shared parenting time to promote both parents being allowed to have an active role in their child’s life.
At Cross Glazier Burroughs, PC, we zealously advocate for fathers seeking to establish their parental rights, whether during a divorce or through a paternity case. Our attorneys understand how difficult this process can be, and we provide the answers and information you need to make informed decisions to protect the relationship that you have with your child or that you wish to have with your child.
Fathers’ Rights And Child Custody In Divorce
If you and the mother were married at the time of the child’s birth, the child is legally presumed to be yours. You will be granted parental rights to the child, including visitation, a say in decision-making and a degree of custody. Unless you are named the primary custodial parent, you will be obligated to pay child support to the mother.
What Are My Rights As A Father If I’m Not Married To The Mother?
In Indiana, you are not automatically presumed to be the father unless you were married to the mother at the time of the birth. This can make the path to parental rights slightly more difficult.
Unless the mother is willing to sign a legal affidavit at the birth saying that you are the father, you will need to file a paternity case in court. This will likely involve requesting court-ordered genetic testing to establish your paternity. If you are found to be the father, you will be granted parental rights, including parenting time with the child, a degree of say in decision-making and even custody where appropriate. You will also be obligated to pay child support to the mother, (or the mother to you) depending on how much time you are granted with the child and your and the mother’s relative incomes.
Our attorneys will guide you through this process, step by step, advocating for your rights and helping you establish and build a relationship with your child.