In our world, each person has his rights and obligations, which he or she has been given from birth. Often, the duties of a person are always on hearing, but not everyone is aware of the rights. Having considered all spheres of life, we realized that family relationships are one of the most controversial and complex processes, especially at times when the family breaks up. Indiana is one of the states that is very sensitive about the welfare of families in any of the periods, whether it be a newlywed or a divorced. The government has provided many nuances and options in Indiana divorce laws so that each of the family members wasn’t deprived or fooled. Unfortunately, broken hearts cannot be cured by the law.
This article will reveal these very nuances for fathers, who for some reason have to go through this process in their lives. So, if you are experiencing a painful divorce and are faced with the problem of separation of custody of children, then this article will help you understand your parental rights and opportunities at the level of Indiana state law.
Why Fathers are no Less Important
For a long time, mothers were given the right to custody of joint children after the trial, because it was believed that the maternal connection with the children was much more critical.
However, a father is a person who is an integral part of a full-fledged family. And let there be an opinion that children are more attached to mothers – today everyone should know that this can be not the 100% truth in all the cases. Naturally, there are many different factors when a child is more attached to one of the parents, but even in this case, the role of the second “unnecessary” parent cannot be underestimated.
Fathers give their children what the mother cannot provide, and vice versa. In turn, the family is a system like a circle of different knowledge, skills, and support. Indiana was able to reconsider such ancient foundations and now, thanks to the new existing divorce laws in Indiana, fathers can count on a fair court decision if peacefully resolve the issue with their former second half. It is pleasant to realize that the law is appropriate for everyone, and not just for those who do not have a Y-chromosome in DNA.
How Can You Receive Paternity in Indiana?
For the state, it is essential that the child will be in safe and loving hands because a case of the custody of the child in Indiana is taken seriously. Fathers are required to provide a document that certifies his biological or (and) legal paternity. The father receives this paper in the hospital, on the day of birth of his child, where he is obliged to put his signature. This indicates that he is familiar with this document and takes responsibility for the maintenance and upbringing of the newborn.
There is also a compulsory way to establish paternity if there are controversial options such as:
The mother of the child wants to prove the real fatherhood of her husband.
A man who is not the legal father, but he is confident in his fatherhood.
The child himself, who has legal representation, who wants to know his or her, biological parents.
The prosecutor who needs to prove paternity.
The whole process of establishing biological paternity begins with a claim in court. After passing through several stages of verification, the court will be able to make a decision and announce the results of who is the biological father of the child, and who is the legal one.
Why is it Important to Have Legal Paternity?
Parental rights give the right at a legal level to build strong ties with the child, to influence their development jointly, and also to make important decisions together, having equal rights for your choice to be heeded. The law also provides for the right of parents to choose an educational institution and medical care. Both parents are full participants in the child’s educational process, which is essential not only for the parents themselves but also for their children.
Visiting Children and Paternal Care
One of the problems in the family court in Indiana is the custody system for children, which parents sometimes face in cases where they are not married or don’t have a relationship. Fathers often think that the court will initially take the side of the mothers, regardless of the evidence, and therefore they don’t exercise their right to custody, because they believe that there is no way to get a fair and definite answer. The truth is that family courts in Indiana primarily follow the interests of children and their comfortable position in the family and society. Of course, there is the standard for decision-making, and this standard doesn’t provide for the guardianship of maternal care, so the court tends to make better decisions for the child.
Judges who are in charge of child custody take all relevant facts and materials into account when making a final decision. Some of the factors that they consider at an early stage are the sex and age of the child, as well as the relationship of the child with each of the parents. The relationship between a child and grandparents, as well as brothers and sisters, is often considered too. Although the sex of the child is what the judges take into account, it’s important to note that the court does not make assumptions about the gender of any of the parents that would provide an advantage. For example, it’s not beneficial for mothers to get custody of daughters or fathers who receive care of sons.
The lifestyle of the parents also plays an essential role in the decision on custody by the court. They take into account how children will react to such a change in their lives, how parents will be able to support his psychological state and help adapt to changes in their home, society, and school. The mental and physical health of the child and both parents, which is later considered in decision-making, is subjected to a thorough study. The assessment also lends itself to the ability and willingness of each parent to take responsibility for the care and support of the child.
Alimony: to Be or not to Be?
Despite many factors and aspects when choosing a guardian based on the laws of Indiana, the child custody case ends with the choice of the primary guardian with whom the child will live the regular time.
In this case, a parent who is not the primary caretaker is required to pay child support. Alimony is a statutory amount that paid to the guardian of the child and should be used only to meet the needs and requirements of the child, such as food, clothing, housing.
Regardless of who is the guardian (mother or father), they both have equal rights and equal duties to their child. The second parent is obliged to provide material assistance in maintaining the child. Payments should be regular, and the timing and amount of alimony should be calculated by the court, which takes into account the parents’ income, insurance premiums, the number of expenses for the needs of the child.
For critical issues that may arise during paperwork, the execution of court decisions and other legal matters, fathers can contact the Indiana Department of Children’s Affairs (DCS). This institution was created to ensure compliance with state laws governing alimony for children. Besides, DCS also establishes and changes child support and establishes paternity.
Lawyers Can Help
If the decision on custody between the parents cannot be made by peaceful means, and the mother threatens to illegally deprive the father of parental rights and the rights to communicate with the child, the father may seek help from divorce lawyers in Indiana. It’s essential in such cases to know your rights regarding the child, as well as to be able to prove your case, with which the lawyer will help. If a lot of disagreements arise in the process of divorce and there are controversial issues regarding custody, paternity, alimony payments, then the person who will help solve these issues by following Indiana laws is a narrow-specialized attorney.
Don’t underestimate your importance in the life of a child. It’s important to know that in any case both the father and the mother are equally important for the child. Each parent puts a piece of himself in his creation, and if the love for the spouse has been lost, then love to your ordinary child should remain the same. If the father doubts whether he is worthy of the right to raise a child, the answer is straightforward – yes. At the very least, he should be a part of his life, and leave the affairs of guardianship to the law, because religious participation and material support are more important for everyone.
Be a loving parent, and when your child is growing up, he will return your love twice as much. Don’t make a mistake and don’t forget of your child while he is small. That after many years you would not feel yourself like a fool sitting in the empty room who just lost his time.