{"id":373309,"date":"2019-01-14T11:09:34","date_gmt":"2019-01-14T16:09:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/indiana-law\/protection-for-unmarried-parents-in-indiana.html"},"modified":"2019-01-14T16:54:12","modified_gmt":"2019-01-14T21:54:12","slug":"protection-for-unmarried-parents-in-indiana","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/indiana-law\/protection-for-unmarried-parents-in-indiana.html","title":{"rendered":"Protection for Unmarried Parents in Indiana"},"content":{"rendered":"\n
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Protection for Unmarried Parents in Indiana<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The legal protections that unmarried parents in Indiana receive is nearly identical to that of married parents, except for a few variations. While the court decides custody using the "best interests of the child"<\/a> standard and not on the parents’ marital status, there are still a few important differences in child custody laws for unmarried parents.<\/p>\r\n

For example, the custody determination and visitation are part of the divorce proceedings for a married couple, but unmarried parents must take additional action before child custody and visitation issues are addressed. Specifically, an unmarried father must be established as a child’s legal father.<\/p>\r\n

Protection for Unmarried Parents in Indiana at a Glance<\/h2>\r\n

Even when the relevant statutes aren’t lengthy, it never hurts to read a breakdown of the law in plain English. Read on for information about the protection for unmarried parents in Indiana.<\/p>\r\n\r\n

Statutes<\/b><\/p>\r\n<\/td>\r\n

Indiana Code:<\/p>\r\n

Establishing Paternity<\/b><\/p>\r\n<\/td>\r\n

A husband is automatically deemed a legal father to any child born of the marriage. In contrast, an unwed father must establish paternity<\/a> before any parental rights and duties are triggered.<\/p>\r\n<\/td>\r\n<\/tr>

Custody and Parenting Time<\/b><\/p>\r\n<\/td>\r\n

Custody<\/i><\/b><\/p>\r\n

Whether married or unmarried, a parent with legal custody has authority to make legal decisions concerning the child’s upbringing, including education, religion, and health care decisions. Physical custody refers to the parent with whom the child lives most of the time.<\/p>\r\n

The court will award joint legal custody if it’s in the best interests of the child. However, if the court does award joint legal custody, it doesn’t require an equal division of physical custody.<\/p>\r\n

Parenting Time<\/i><\/b><\/p>\r\n

The parent that doesn’t get physical custody of the child will get time to spend with the child through visitation, which is referred to as "parenting time."<\/p>\r\n<\/td>\r\n<\/tr>

Parents Rights to Information<\/b><\/p>\r\n<\/td>\r\n

All parents (including unmarried parents) have the right to specific information about the child, including the following:<\/p>\r\n