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Custody Arrangements for Unmarried Parents in Ft Wayneย 

At Crell Law, we understand how challenging custody issues can be, especially for unmarried parents in Fort Wayne. Navigating the legal landscape of child custody requires careful attention to Indiana’s laws and a focus on what’s best for your child. Our child custody lawyers are here to guide you every step of the way.

Who Has Parental Rights?

Under Indiana law, when a child is born to unmarried parents, the mother is typically granted sole legal and physical custody by default. The father, on the other hand, does not have any parental rights or legal connection to the child until paternity is officially established. Without this legal step, the father cannot seek custody or exercise any parenting rights. They also have no financial obligation to the child. Establishing paternity is the critical first step for unmarried fathers who wish to be involved in their child’s life or for mothers who need financial support.

Establishing Paternityย ย 

Paternity can be established through several methods:

  • Voluntary Acknowledgment: Paternity can be declared by signing a Paternity Affidavit within 72 hours of birth, typically at the hospital. Both parents must sign for it to be legally valid.
  • Court Order: If paternity is disputed or not voluntarily acknowledged, a court order and genetic testing may be required.ย ย 

After establishing paternity, fathers can petition for custody, parenting time, and support rights, just like mothers.ย ย 

Determining Custody Arrangements

Once paternity is established, Indiana courts make custody decisions using the same standards applied to divorcing parents. The focus is always on the child’s best interests, prioritizing their safety, emotional well-being, and consistent care in every decision.

Factors Considered by the Court

  • The child’s age, developmental needs, and overall well-beingย ย 
  • The strength and nature of the relationship between the child and each parentย ย 
  • The physical and mental health of both parentsย ย 
  • Any history of domestic violence or abuseย ย 
  • Each parent’s willingness to encourage a healthy relationship between the child and the other parentย ย 

Custody arrangements can take many forms depending on the unique circumstances of each family.

Crell Law’s Role in Custody Cases for Unmarried Parents in Fort Wayne

For unmarried parents, navigating custody disputes or creating an equitable arrangement can seem overwhelming. That’s where we step in.ย ย 

How We Can Helpย ย 

  • Guide You Through Paternity Establishmentย ย 

We assist in establishing parental rights, whether through a Paternity Affidavit or legal proceedings, helping to acknowledge and support your role as a parent.

  • Develop Customized Custody Plansย ย 

We help you and your child’s other parent create a custom custody plan that prioritizes your child’s best interests while respecting both of your roles as parents. Once finalized, we’ll assist in submitting the plan to the court for approval.

  • Litigation Support When Neededย ย 

If you and the other parent cannot reach a custody agreement, we are fully prepared to represent you in court. Our child custody lawyers will advocate for your parental abilities and fight for an outcome that prioritizes your child’s well-being while protecting your rights as a parent.ย ย 

  • Handle Modifications and Disputesย ย 

If you need to amend an existing court order or address custody issues, we’ll work to achieve resolutions that benefit your child and provide peace of mind.ย ย 

Secure Your Parental Rights

Child custody issues can be emotionally draining and legally complex for unmarried parents in Fort Wayne, but you don’t have to face them alone. Crell Law is here to support you with experience and compassion.ย ย 

If you’re ready to protect your rights as a parent and create the best possible future for your child, reach out to us today. We’re dedicated to helping families of all dynamics thrive.

Who Has Custody of a Child When Parents Are Unmarried?

Under Indiana law, the mother automatically has sole legal and physical custody of a child born to unmarried parents. The father must establish paternity legally to gain custody rights or parenting time. Once paternity is established, the father can petition the court for joint custody, parenting time, or a custody arrangement.

How Can a Father Establish Paternity?

A father can establish paternity in Indiana by signing a Voluntary Declaration of Paternity at the hospital after the childโ€™s birth. Alternatively, a court can establish paternity through a legal proceeding, which may involve genetic testing to confirm parentage. Once paternity is determined, the father gains the right to seek custody or parenting time and is also responsible for child support obligations.

What Factors Do Courts Consider in Determining Custody for Unmarried Parents?

The primary factor in Indiana custody decisions is the best interests of the child. Courts consider several elements, including each parentโ€™s ability to provide a stable home environment, the childโ€™s relationships with each parent and the parentsโ€™ willingness to cooperate. The court may also evaluate any history of abuse, neglect or other concerns that could affect the childโ€™s safety and well-being.

Can an Unmarried Parent Make Changes to an Existing Custody Order?

Yes, unmarried parents may petition the court to modify a custody order if there has been a significant change in circumstances affecting the childโ€™s well-being. Examples of such changes include a parent moving, a shift in the childโ€™s needs or issues related to the childโ€™s safety.

Are unmarried parents required to pay child support?

Yes, both parents are legally obligated to provide for their child financially, no matter their marital status. Child support is usually calculated based on each parentโ€™s income, the custody arrangement and the needs of the child. Crell Law can help you understand your financial responsibilities and ensure the support obligation is fair and accurately calculated.

Real Client Experiences
With Crell Law

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