Fathers have the right to physical and legal custody of their children. However, they are not inherently strong for the custody of fathers as well as mothers. However, this should not prevent you from researching your rights and goals. Historically, the first law was for fathers, although it was based on the wrong reasons and policies: wives and children were the property of the husband. With the women`s suffrage movement, this began to change, and the presumption of the “tender years” gained ground; According to this view, infants and young children were legally considered to be better cared for by their mothers. As part of our military assistance project, we provide legal assistance to low-income Hoosier military personnel, veterans and their families. While a declaration of paternity is a voluntary process, paternity can also be established by an addition, which is an involuntary process. An addition is when a judge makes a decision on the paternity of a child, and this process is initiated by filing a paternity action with the court. This action can be initiated by the child`s mother, any man who believes he is the child`s father, any man designated as the child`s father, the child himself with a lawyer and/or the district attorney. At the end of the proceedings, the judge determines the biological and legal father of the child. Judges who oversee custody cases consider relevant factors when making final decisions.
Some of the factors they consider early in cases include the sex and age of the child, as well as the relationship the child has with each parent as well as grandparents and siblings. While the sex of the child is something judges take into account, it`s important to note that the court doesn`t make assumptions about a parent`s sex that would provide a benefit — for example, mothers aren`t preferred for custody of daughters, or fathers who get custody of sons. If fathers want to enforce their parental rights, it is important that they establish paternity in Indiana. In the state of Indiana, there are two ways for mothers and fathers to determine the paternity of a child: sign an affidavit of paternity or by addition. The easiest way to establish paternity is to voluntarily sign an affidavit – this form is presented to unmarried parents at the hospital after the birth of their child. By signing this document, the alleged father agrees to assume responsibility for the child and to establish himself as the biological and legal father of the child. In addition to the fact that the father and fathers of the child are able to assert their parental rights, there are a number of other reasons why paternity should be established for a child. Some of these reasons include the child`s exposure to both parents and both sides of the child`s family, which allows the child and each parent to form a strong bond, the child`s birth certificate with the names of both parents, and the ability to work together to make important decisions regarding the child`s upbringing, such as medical care and educational needs. Ciyou & Dixon`s father`s rights lawyers, P.C., go through this with the fathers they represent in custody disputes.
The reason is simple: this understanding allows us to work with you to develop strategies to circumvent the current state of Indiana law. Perhaps the father has taken care of as much basic care for the child as the mother. This is not uncommon today at home and at work. If fathers are appointed as primary guardians and receive child support, they will have the same rights as mothers to collect payments and execute payments if they commit a crime. If so, fathers should seek help from the Indiana Department of Children`s Services (DCS) — this agency was created solely for the purpose of enforcing federal and state laws governing child support. In addition, DCS also establishes and modifies child support and establishes paternity. What we do is help you understand a father`s rights from a historical perspective and thus make the best case you can make based on the direction of your situation. An initial custody decision requires a different direction than a change of custody or issues that may be raised on appeal.