Indiana Paternity Forms, Documents and Law - New Indiana Paternity Laws

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Indiana Paternity Law, Information and FAQ Modifying Paternity In Indiana

Introduction:    Paternity is defined as the quality or state of being a Father.  The person wanting to establish Paternity can either be the Mother, Father, or child, depending on the individual desires of the parties involved.  With science giving us more accurate testing, the matter of establishing paternity is easier and more reliable than in the past.  DNA testing methods include SWAB Test and DNA Genetic Identity.  DNA testing centers are easy to locate and the costs are  reasonable.  For this reason, most paternity matters are settled prior to trial.  In addition, Complaints and Petitions to establish Paternity are now often routine and agreed to by all parties.  The resulting child support and custody proceedings are also involved.

Children born to unwed persons do not automatically have a legal Father without a Paternity action establishing the identity of the Father, whether agreed or contested.  Note:  Some States allow the establishment of Paternity by the execution of an Acknowledgment of Paternity form without a formal Court action.

Reasons to Establish Paternity:

Identity:  To provide the child with a needed identity.
Health:  It is important to know the health history of both the Mother and Father for medical care and treatment of the child.
Support:  It takes two to fairly support a child in today's world to the extent of their ability.
Benefits:  Establishing Paternity allows the child to be covered by health insurance, social security, inheritance and veteran's benefits.
Public Assistance:  Paternity also means the parties can seek public assistance where they qualify.

How to Establish Paternity:

  • Paternity Court Proceeding
  • Voluntary Acknowledgment of Parentage or Paternity (in some States).

How do you challenge Paternity:

  • Contested Paternity Action (Complaint to Establish Parental Relations or similar proceeding)
  • Revocation of Voluntary Acknowledgment (if within certain rules)

Paternity Proceedings:

  • Can be filed by the alleged Father, Mother, Child, or Child Support Division of the State.
  • Paternity testing can be ordered by the Court in most States.  The Mother, Father and child can be ordered to submit to testing.
  • Testing can be by blood tests, swab test or other methods to obtain DNA samples.
  • Generally, testing is paid for by the Father if testing is positive, or the mother if testing is negative.  The Parties may also agree to how the testing will be paid.

Birth Certificate:  The Father will be shown on the birth certificate if he acknowledges paternity when or close in time to the birth, or the Court orders the birth certificate to be changed to reflect the Fathers name.

Child's Name:  When the child is born, the Mother usually establishes the name of the child.  If the Mother and Father acknowledge Paternity and complete the application for a birth certificate they can both choose the child's name.  If the name is not established by this means, the Court can order the change of the child's name at any time.

Marital Status:    Most paternity actions involve a child born out of wedlock.  Paternity actions also occur between married persons where someone other than the Husband is the Father of the child, or where the Husband has fathered a child outside his marriage.  There is a presumption that a child born to a married woman is the child of the husband.  However, this presumption can be overcome by DNA and other evidence.  In some states, the Mother and Husband can sign an "Affidavit of Denial of Paternity" where both agree that the Husband is not the Father of the child.

Age of Parents:    Generally, the age of the parents does not matter and parents of any age can establish paternity.

Custody:    Custody of a child can either be awarded to the Father or the Mother in Paternity actions, depending on the facts.  Mothers receive custody more often but Fathers are being awarded custody under certain circumstances.  The Parties may also sign an agreement addressing this issue that the Court may consider in awarding custody.

Child Support:    Generally, the same rules that apply to child support in divorce actions, also apply to child support in Paternity actions.  Either party can be ordered to pay child support to the other.  Some Courts will also award back child support relating back to the date of birth or a specific number of years.  The Parties may also sign an agreement providing for the payment of child support to be approved by the Court.

Visitation:    If the Parties cannot agree to visitation rights, the Court may be petitioned to request visitation rights.

Attorneys:    If the parties cannot agree on paternity, custody and child support, you should seek the assistance of an attorney who routinely handles paternity matters.  This is not a proceeding where self representation is advisable.

Voluntarily Acknowledging Paternity:    In most cases, you may elect to voluntarily acknowledge paternity with or without DNA testing.  Once you agree, you may or may not be able to revoke the acknowledgment depending on your State.

Laws:    State laws vary about the procedures and rules for establishing paternity.  Some call the action a Complaint for Legitimization.  Uniform Acts have been developed for adoption by States including the Uniform Act on Paternity, 1960, Uniform Parentage Act, 1973 and the Uniform Putative and Unknown Fathers Act, 1988.  States that adopted the Uniform Parentage Act include Alabama, California, Colorado, Delaware, Hawaii, Illinois, Kansas, Minnesota, Missouri, Montana, Nevada, New Jersey, New Mexico, North Dakota, Ohio, Rhode Island, Washington and Wyoming.  States adopting the Uniform Act on Paternity include Kentucky, Maine, Mississippi, New Hampshire, Rhode Island and Utah.

Action by Child:    An action for paternity may also be filed by the child.  In many states, after a child reaches the "age of majority," he has another one to five years to seek the establishment of paternity.  Attempts to limit the right of the child to file for paternity have generally been ruled unconstitutional by the Supreme Court.

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Action by Parent:    Some States limit the time period within which a parent may seek to establish Paternity.  You should check you State law for current laws but at the writing of this the time periods were as provided below.  Special time periods may apply if the child is born to a husband and wife.  For example, in California, a husband only has 2 years to file a paternity action.

No Time Limit: Arkansas, Georgia, Massachusetts, Oregon, Rhode Island, South Dakota, and Virgin Islands.

The State's "Age of Majority": Alabama, Alaska, Arizona, California, Colorado, Connecticut, Delaware, District of Columbia, Kansas, Kentucky, Louisiana, Maine, Minnesota, Missouri, Montana, New York, North Carolina, Oklahoma, Pennsylvania, South Carolina, Utah, Virginia, Washington, West Virginia.

Age 18: Mississippi
Age 19: Alabama, New Hampshire and Wisconsin
Age 19: Age of majority plus one year: Iowa and Tennessee
Age 20: Two years after child's 18th birthday: Texas
Age 21: Vermont and Wyoming
Age 21: Three years beyond the child's 18th birthday: Hawaii, Nevada, New Mexico, and North Dakota,
Age 22: Four years after the child's 18th birthday: Florida
Age 23: Ohio
Five years beyond child's 18th birthday: New Jersey
Four years after child's birth if brought by mother or alleged father; 18 years after child's birth if brought by guardian or next-friend of child: Nebraska

DNA Testing:    DNA testing which creates a positive reading creates a rebuttable presumption that man is the Father of the child.  The threshold percentage varies from State to State as follows: 

95%: Alaska, Arkansas, Arizona, Florida, Iowa, Montana, New York, North Dakota, Ohio, Oklahoma (Conclusive if 98%), and Puerto Rico (Conclusive 98%)
97%: Alabama, Colorado, Georgia, Kansas, Massachusetts, Maine, New Hampshire, North Carolina, Rhode Island, South Carolina, and Wyoming.
98%: Missouri, Vermont, Virginia, Washington, and West Virginia.
99%: Connecticut, Delaware, District of Columbia, Hawaii, Indiana, Kentucky, Michigan, Minnesota (Temporary Orders With 92%), Mississippi, Nebraska, Nevada, New Jersey, New Mexico, Oregon, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and Wisconsin.
99.9%: Louisiana.
California-Paternity index of 100 or greater per California Family Code Section 7555(b)(2).

FAQ

Q:  What is paternity?

A:  Paternity means being declared the legal father after the child is born. If the parents of a child were not married when the mother became pregnant or when the child was born, the child does not have a legal father until paternity is established.

Q:  Does it matter how paternity is legally established?

A:  No. Whether paternity is established voluntarily, administratively or by court action, the result is the same. In each case, the  biological Father becomes the legal Father.

Q:  What is voluntary paternity establishment?

A:  People may believe that paternity can only be legally established by filing a case in court and having a judge decide the issue after testing is done or other proof is submitted. However, if both parents agree who the biological Father is, legal paternity often can be established by a simple process that doesn't require a court hearing in most States. This is called voluntary paternity establishment.

Q:  What if the man is not sure he is the Father?

A:If both parents are willing, they may take a genetic test (usually a blood test) to determine if the man is the biological Father.

Q:  Are genetic tests accurate?

A:  New methods of scientific testing are nearly one hundred percent accurate in proving whether a man is the father of a child. Most testing laboratories now use DNA testing. The test results can show conclusively if a man is not a child's father or can show that a man is the Father to a high degree of certainty.

Q:  What if the Mother is married to someone other than the biological father?

A:  Generally, if the Mother was married any time in the ten-month period before the baby is born or when the baby is born, the Husband is presumed to be the child's legal father in virtually all States. In this situation, the voluntary process to establish paternity for the biological Father can only be used if the Husband gives written consent to another man being declared as the Father. If the husband will not consent, court action may be necessary to establish paternity. If the Husband cannot be located after reasonable effort, paternity may be established without his consent.


Types of Affidavits

In Indiana, there are different types of affidavits that are used in legal matters. One common type is an Affidavit of Service, which is a written statement that confirms that a legal document has been properly delivered to the relevant parties involved. Another type is an Affidavit of Support, where a person declares under oath that they will financially support someone, usually for immigration purposes. Additionally, there is the Affidavit of Identity, which is used to verify a person's identity, such as when applying for a passport or a driver's license. These affidavits serve important purposes in legal cases by providing sworn statements and evidence to support a person's claims.


What is an Affidavit?

An affidavit is a legal document that is written in simple and clear language by a person (called the affine) who has personal knowledge about a certain matter. In Indiana, an affidavit can be used in a variety of situations. For example, it can be used to provide evidence or support in court proceedings, such as in criminal cases or civil lawsuits. It can also be used for other official purposes, like applying for a marriage license or making a statement to a government agency. In Indiana, it is important to make sure that an affidavit is signed in the presence of a notary public or another authorized person, as this helps to ensure its authenticity and validity.


Difference Between an Affidavit and Sworn Statement

An affidavit is a written statement made under oath. This means that the person making the statement swears or affirms that the information they are providing is true and accurate to the best of their knowledge. In Indiana, an affidavit is typically used for legal purposes, such as providing evidence in court or fulfilling certain legal requirements. On the other hand, a sworn statement is a similar document but may not always require a notary public or other formalities. In Indiana, a sworn statement can still be used as evidence, but it may not hold the same legal weight as an affidavit. Both documents serve the purpose of providing a written record of information, but an affidavit generally carries more legal significance.


When is an Affidavit Used?

An affidavit is a document that is used when someone wants to provide a written statement of facts or information that they swear to be true. It is commonly used in legal situations, such as court cases or during the process of buying or selling property. In Indiana, an affidavit can be used in various situations, including proving identity, stating the facts about a legal matter, or confirming the truthfulness of a document. By signing an affidavit, a person is declaring under oath that the information they have provided is accurate and honest.


How To Write an Affidavit

Writing an affidavit in Indiana is not too complicated, and by following a few simple steps, you can create a solid document. Firstly, begin with a clear and concise statement at the top of the page that outlines your intent to make an affidavit. Next, provide your full name, address, and date of birth, so your identity is established. Use plain language and avoid using legal jargon to ensure it can be easily understood by others. Clearly state the facts related to the case or situation, sticking to only what you personally witnessed or experienced. Lastly, sign the affidavit in the presence of a notary public, who will then acknowledge your signature. By following these steps, you can create an effective and legally binding affidavit in Indiana.