Legal Question in Family Law in Indiana
Custody of a child of never married parents
My sister has for the last 6 years been the sole provider of her son. She dated the father as a teenager, she became pregnant at 17 and had the child at 18. Because she and the father were still dating she agreed to list him on the birth certificate. He did no t pay for any of the doctors visits or medical expenses. After the child was born the father moved in with her and my parents at our family home. The father did not hold a steady job and had no income to speak of. When the child was 2 the Father was convicted of a federal offense and sent to Federal prison for the last 4 years. He is now out of prison, my sister is afraid of him and of what he might do, she wants to know what her custody rights are and how much if any rights the father has since he has only seen the child 3 times in the last 4 years and has never made any financial commitment toward the child.
1 Answer from Attorneys
Re: Custody of a child of never married parents
Indiana courts take the position that until paternity has been established in the Court and custody and visitation rights determined there, only the mother of a child born out of wedlock has the right to custody of the child. The "RIGHTS" of the father are to file a petition with the court to confirm the affidavit he signed at the hospital when his name was put on the birth certificate and to ask the court to establish his visitation rights. Once the case is in court (regardless which parent files a petition), the court will give custody of the child according to the best interests of the child, provide for visitation (usually short term to start when a child is not acquainted with the father) and set child support according to the guidelines and back date the starting date 2 years before the filing.
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