Bryan M. v. Anne B. – Fighting to Establish Paternity
For millennials, out-of-wedlock birth is often the norm. A number of studies have revealed that 64 percent of mothers give birth at least once without exchanging vows. Among women under 30, more than half have had births outside of marriage. And nearly half of all mothers have children without ever saying, “I do.”
This is not to say that fathers aren’t a part of the children’s lives, but the parents are not in a marital relationship. Even if this has no bearing on the relationship parent has with child, it may have implications for the child’s financial stability.
IC 31-14 sets forth laws regarding establishment of paternity, including methods, persons permitted to file, venue and other provisions. IC 31-14-5-3 spells out some of limitations on paternity actions.
Essentially, both parents, if unmarried have three days after the child is born to establish paternity at the hospital via paternity affidavit. If mother is married, husband is presumed to be the father. A man will also be presumed the father if mother has been divorced or widowed less than 10 months. Otherwise, mother or father will have to go through additional administrative steps – and possibly the courts. Continue reading