How Indiana Custody Laws Apply to Unmarried Parents

December 4, 2024

When unmarried parents have a child, navigating custody issues can be complicated. Indiana’s custody laws for unmarried parents are designed to prioritize the best interests of the child while ensuring both parents, whether mothers or fathers, have legal rights.

We’ll break down how custody works for unmarried parents in Indiana, including how paternity is established, the different types of custody, and how mothers’ and fathers’ rights are protected.

Overview of Indiana Custody Laws

In Indiana, custody laws for unmarried parents differ from those for married parents. The legal system focuses on ensuring that both parents can be involved in the child’s upbringing, provided that it benefits the child.

While married parents automatically have equal parental rights, unmarried parents must navigate specific legal processes to establish and protect their rights.

Physical and Legal Custody

When talking about child custody, there are different arrangements the court will determine:

Physical Custody: This refers to where the child will live. Parents can share physical custody, or one parent may have primary custody with the other receiving parenting time (sometimes referred to by individuals as visitation rights).
Legal Custody: Legal custody refers to the right to make important decisions about the child’s upbringing, including education, healthcare, and religious matters. Parents may share joint legal custody, even if one parent has primary physical custody.

Best Interests of the Child

In any custody case, Indiana courts prioritize the best interests of the child. Examples of factors that are considered include:

The child’s age
The relationship between the child and each parent
The stability of each parent’s home environment
Each parent’s ability to provide for the child emotionally, physically, and financially

However many other types of factors could be considered by a court.

Unmarried Mother’s Automatic Custody

In Indiana, when a child is born to unmarried parents, the mother automatically has both legal and physical custody. This remains the case unless or until the father establishes paternity and/or petitions a court for an enforceable order regarding paternity, custody, and parenting time.

Factors That Influence Custody Decisions

As mentioned above, Indiana courts will always use the the best interest of the child standard when determining custody and parenting time arrangements.

Child’s Relationship with Each Parent

The court considers how well each parent knows the child and their respective involvement in the child’s life. The parent with a closer bond may have an advantage, though courts often try to ensure both parents have meaningful relationships with the child.

Stability and Home Environment

A stable home environment is essential for custody decisions. Courts look at each parent’s ability to provide a secure, safe, and supportive living situation for the child.

Co-Parenting and Communication

Indiana courts strongly encourage parents to demonstrate a willingness to co-parent and maintain positive communication with each other. The ability to collaborate in decision-making and prioritize the child’s well-being often plays a key role in custody decisions. Especially legal custody decisions.

Fathers’ Rights in Indiana if Not Married

Unmarried fathers in Indiana do not automatically have custody or visitation rights in Indiana. To obtain legal rights, an unmarried father must first establish paternity, which legally recognizes him as the child’s father. Once paternity is confirmed, a father has the right to seek parenting time in accordance with the Indiana Parenting Time Guidelines as a minimum.

Establishing Paternity

For fathers, the first step in gaining any legal custody or visitation rights is establishing paternity. Without legal paternity, a father has no custodial or parental rights. Paternity can be established in two ways:

Paternity Affidavit: This is a document both parents sign at the hospital after the child is born, legally establishing the man as the father.
Court-Issued Paternity Order: If paternity is disputed, the court can order a genetic test to determine whether the man is the biological father and then produce an enforceable order establishing paternity, custody, parenting time, and child support among other topics.

When paternity is established, the father has the right to have his name on the birth certificate of his child, as well as the right to parenting time with them. They also become responsible for providing child support, including financial or medical support. A father who establishes paternity through the court may also request that the court order the child to have his last name.

Seeking Custody or Parenting Time Rights

After establishing paternity, fathers have the right to petition the court for custody and/or parenting time rights.. Indiana courts make these decisions based on what arrangement is in the best interests of the child. Fathers can request:

Joint Legal Custody: This allows the father to share decision-making responsibilities regarding important aspects of the child’s life, such as education and healthcare.
Joint Physical Custody: The father shares substantial parenting time with the mother, meaning the child spends time living with both parents.
Parenting Time (sometimes referred to as “visitation”): If joint physical custody isn’t granted, fathers can request a parenting time/visitation schedule that aligns, as a minimum, with Indiana’s Parenting Time Guidelines, which aim to provide both parents with meaningful time with their child.

Unmarried Mothers’ Rights in Indiana

Unmarried mothers are automatically granted both physical and legal custody of their child until the father establishes paternity and petitions the court for rights. This means that until the father takes legal action, the mother has sole decision-making authority and primary physical custody.

If a father seeks parenting time and/oror physical or legal custody, the court may/will adjust the mother’s sole custody based on the best interests of the child. If the court finds that shared custody or visitation with the father benefits the child, it can grant the father those rights.

Even if the father successfully gains custody or parenting time, unmarried mothers can still request modifications. Changes can be made if circumstances change, such as a parent moving or significant changes in life circumstances or the child’s needs.

If serious concerns exist regarding the child with either parent, it is possible for either parent to argue for restricted parenting time for the other parent. This would mean that parent may not receive the amount of time provided for in the Indiana Parenting Time Guidelines and other conditions for parenting time could be set by the court.

Custody Disputes Between Unmarried Parents

Custody disputes are common among unmarried parents, and resolving these conflicts can be emotionally and legally challenging. Indiana law emphasizes resolving disputes with the child’s best interests in mind. While the court ultimately has the authority to make custody and parenting time decisions, Indiana encourages (and sometimes requires) parents to attempt mediation before taking the dispute to court.

Mediation as the First Step

Mediation is a non-adversarial process where a neutral third party, typically a professional mediator, helps the parents work out a custody arrangement that is fair and in the best interests of the child. The goal of mediation is to avoid the need for a lengthy and costly court battle by encouraging cooperation and compromise.

Advantages of Mediation: It allows both parents to have a say in creating a parenting plan, fosters better communication, and reduces the emotional toll on the family. Mediation can also be less time-consuming and more private than court litigation.
Mediation Outcomes: If an agreement is reached, it can be presented to the court for approval, and once approved, it becomes legally binding.

Parenting Plans Can Help Avoid Conflict

A well-constructed parenting plan is critical for unmarried parents in avoiding disputes. A parenting plan is a written agreement that details:

Physical custody arrangements: Specifies which parent the child will live with and when.
Parenting time schedules: Outlines when and how often the non-custodial parent will have parenting time with the child, including times like summer break and the holidays.
Parental responsibilities: Identifies who is responsible for decisions regarding education, medical care, extracurricular activities, and more.

By clearly defining each parent’s role and responsibilities, parenting plans help minimize misunderstandings and conflicts down the road. Courts favor clear, structured plans that ensure the child maintains a meaningful relationship with both parents whenever possible.

Court Determination

If mediation fails or parents refuse to compromise, the case proceeds to court, where a judge will make the final custody and parenting time decision. In Indiana, the court will determine custody arrangements based on the best interests of the child, considering factors which include among many other factors:

The emotional ties between the child and each parent
Each parent’s ability to provide for the child’s physical and emotional needs
The stability of each parent’s home environment
Any history of abuse, neglect, or criminal activity such as drug abuse

Modification of Custody Orders

Custody and parenting time orders are not always permanent. Either parent can request a modification of the custody and parenting time order if there is a significant and continuing change in circumstances. Some common reasons for modifying a custody order include:

Relocation: If one parent needs to move a considerable distance away, this can affect the existing custody or parenting time schedule and require a new arrangement.
Changes in Employment: A shift in work schedules or loss of employment may make the current custody arrangement difficult to maintain.
Child’s Changing Needs: As children grow, their needs evolve, which may necessitate a new arrangement for schooling, healthcare, or extracurricular activities.

To modify a custody order, the requesting parent must show that there has been a significant and continuing change in circumstances that affect the child’s best interests. The court will re-evaluate the situation and determine whether an adjustment is necessary based on the new circumstances.

How Family Law Attorneys Can Help Unmarried Parents Navigate Custody Laws

The process of establishing paternity, gaining custody, and creating an effective parenting plan is complicated. Not to mention, custody cases are often emotionally charged, and arguments can often derail the legal process.

Family law attorneys can help guide unmarried couples through the complexities of custody and avoid a drawn out legal process. At Bennett, Boehning, & Clary we know how important and challenging family cases can be, and we share your commitment to doing what is best for your children. Contact us if you want to know more about your rights as a parent or need help advocating for your child, yourself, and your family.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular person, case, or circumstance. Each situation is different, and you should consult an attorney if you have any questions about your situation.