Paternity Lawyer in Indianapolis
Establishing paternity? Here is how I help mothers and fathers through it.
Get it settled the right way. Call Wynn. (317) 832-1182
Free consultation · Calls answered 24/7
By Myekeal Wynn, Attorney at Law
Paternity is how the law recognizes a child’s father when the parents were not married. Custody and parenting time orders for unmarried parents are built on it. I represent both mothers and fathers.
Who can file
A paternity case can be filed by the mother, by a man who says he is the child’s biological father, by both of them together, or by the child. An expectant mother or expectant father can file before the child is born.
Sources: Ind. Code § 31-14-4-1.
The two-year deadline
A mother or a man alleging to be the father generally must file within two years after the child is born. There are exceptions, including when both parents file jointly, when the alleged father has provided support, when he has acknowledged in writing that he is the father, and when the other party could not be served during those two years. When an exception applies, a new two-year clock runs from the time that condition ends.
Sources: Ind. Code § 31-14-5-3(b), (c).
What happens before there is a court order
Until a court orders otherwise, the mother has sole legal custody of a child born outside of marriage.
Sources: Ind. Code § 31-14-13-1.
How custody is decided in a paternity case
The court decides custody by the best interests of the child, and there is no presumption favoring either parent. The judge considers factors including what each parent wants, the child’s relationship with each parent, and the child’s wishes, with more weight at 14 and older. See child custody.
Sources: Ind. Code § 31-14-13-2.
Parenting time after paternity
The noncustodial parent is entitled to reasonable parenting time, unless the court finds after a hearing that it might endanger the child’s physical health and well-being or significantly impair the child’s emotional development.
Sources: Ind. Code § 31-14-14-1(a).
Why paternity matters to grandparents
A paternal grandparent of a child born outside of marriage cannot be granted visitation unless the father has established paternity.
Sources: Ind. Code § 31-17-5-1(b).
How I help
I listen first. You tell me what is happening, in your own words.
I tell you where you stand. You get a straight answer about your options and your deadline.
I prepare you for court. You will know what to expect before you walk in.
I stand with you at every hearing.
What happens next
Free consultation. Call or book online. If you book online, we’ll call you within 24 hours to set up a phone or Zoom consultation.
Plan. We go over the child’s age, any existing orders, and what you want the court to decide.
Court. I file what needs to be filed and stand with you at the hearing.
Related: child custody, divorce, family law.
Common questions
Who can file a paternity case in Indiana?
The mother, a man who says he is the biological father, both together, or the child.
Is there a deadline to file?
Generally two years after the child is born for a mother or alleged father, with exceptions. Call before assuming it is too late.
Can paternity be filed before the baby is born?
Yes. An expectant mother or a man alleging he is the expectant father can file.
Who has custody before a court order?
The mother has sole legal custody of a child born outside of marriage until a court orders otherwise.
Does the court favor the mother in a paternity case?
No. When the court decides custody, the statute says there is no presumption favoring either parent.
Sources: Ind. Code §§ 31-14-4-1, 31-14-5-3, 31-14-13-1, 31-14-13-2.
Let’s talk about your child
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Call Wynn. (317) 832-1182
Past results do not guarantee a similar outcome. Contacting Wynn Law does not create an attorney-client relationship.