Protection for Unmarried Parents in Indiana

Statutes

Indiana Code:

• Section 31-17-2-8
• Section 31-17-2-13
• Section 31-17-2-14

Establishing Paternity

A husband is automatically deemed a legal father to any child born of the marriage. In contrast, an unwed father must establish paternity before any parental rights and duties are triggered.

Custody and Parenting Time

Custody

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.

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.

Parenting Time

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."

Parents Rights to Information

All parents (including unmarried parents) have the right to specific information about the child, including the following:

• Access to school records;
• Access to medical and mental health records; and
• Notification if the custodial parent intends to relocate with the child.

A custodial parent must file a "Notice of the Intent to Relocate" with the court at least 90 days prior to the proposed move.

Notice must include the following information:

• The new address;
• A statement that gives reasons for the relocation; and
• A proposal for a revised custody agreement.

After the notice, the non-moving parent has 60 days to file an objection with the court. If the parent does so, then the court will have a hearing to determine whether to approve the relocation, based on the best interests of the child.