Millions Of Dollars Recovered For Our Clients.
Dedicated & Tenacious Litigation Lawyers in Indianapolis
For fathers who weren’t married to their child’s mother, custody and parenting time don’t happen automatically. Many dads are surprised to learn that being listed on the birth certificate or being involved in the child’s life isn’t the same as having a court order. Father’s rights in custody covers establishing paternity, seeking custody and parenting time, protecting a father’s relationship with his child when the mother wants to move, and changing orders as the child grows.
When a child is born to unmarried parents in Indiana, the mother generally has custody until a court orders otherwise. Paternity can be established by signing a paternity affidavit, often at the hospital, or through a paternity action in court. A paternity affidavit makes the father the legal father, but it doesn’t by itself give him custody or a parenting time order, and joint legal custody under an affidavit requires additional steps, including genetic testing submitted within 60 days of birth. A man who signs a paternity affidavit can rescind it within 60 days only by filing a court action.
A paternity action allows the court to establish paternity, decide custody, set parenting time, and order child support. A father generally needs to file a paternity action within two years of the child’s birth, though there are important exceptions, such as when the father has supported the child or the mother agrees. Once paternity is established, the same best interest factors apply as in any custody case, and Indiana law doesn’t favor either parent.
At RileyCate, we help fathers establish paternity, seek custody and parenting time, object to relocations, and modify existing orders. For dads going through a divorce, our Father’s Rights in Divorce page covers those issues.
Unmarried fathers often need to act quickly to secure their rights, and they deserve an attorney who will build a clear case for their role in the child’s life. Keith L. Hancock leads our family law team. Keith is Of Counsel at RileyCate, LLC, and family law is the primary focus of his practice. His background includes work as a deputy prosecutor, deputy public defender, associate attorney, and founding member of his own prior firm, giving him a practical understanding of how cases are prepared, negotiated, and tried.
Keith personally oversees every family law matter we take on, working with the attorneys, associates, and staff the case calls for based on its size and complexity, so you get responsive, informed representation from the outset.
Nobody plans to need a lawyer. When something goes wrong, what you need first is someone who will listen, tell you honestly where you stand, and take the next steps off your plate. That is how every case at RileyCate, LLC begins.
We represent individuals, families, and small businesses across Fishers, Indianapolis, and surrounding counties in personal injury and complex litigation, business and real estate disputes, criminal defense, and appeals.
Will Riley and Russell Cate personally oversee every matter, staffing each case to its size and complexity. Both are recognized as Super Lawyers and have argued before the Indiana Court of Appeals and Supreme Court. Will also holds an AV Preeminent rating from Martindale-Hubbell and a Top 100 Trial Lawyer designation.
We are trial-tested, not just settlement-focused. We have tried hundreds of cases, because insurance companies, opposing businesses, and prosecutors negotiate differently with a firm willing to go the distance.
If you’re a father who wants to establish paternity, secure parenting time, or seek custody, acting early can protect your relationship with your child. We offer a consultation to review your situation and explain your options. Reach out to RileyCate today to speak with a family law attorney.
