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Are you an Indiana father facing a custody dispute, a paternity question, or a relocation notice and wondering what to do next? Your rights as a father matter, and Indiana law is on your side. What you need now is an attorney who understands how these cases work and how to fight for the fair outcome your child deserves. At Myers & Wallace, LLP, our Fort Wayne fathers’ rights lawyers are here to listen to your story and help you develop an effective strategy. Contact us today for a free consultation.
Fathers in Indiana have the same legal standing as mothers when it comes to custody and parenting time. Indiana courts don’t presume that a mother is the better parent, and the law requires judges to evaluate all relevant factors without favoring either side. Those factors include:
Legal custody, which governs major decisions about your child’s life, and physical custody, which determines your child’s primary residence, are both available to fathers. Courts can and do award joint custody when both parents are fit and willing to cooperate.
If you and your child’s mother weren’t married at the time of your child’s birth, Indiana law gives her sole legal custody and primary physical custody by default. That changes the moment you establish paternity. Until you do, however, you have no enforceable right to custody or parenting time, regardless of how involved you are in your child’s life.
You can establish paternity by:
If both parents sign an affidavit and agree to joint legal custody, and genetic testing confirms paternity within 60 days of the birth, you can secure shared decision-making authority without going to court. A fathers’ rights lawyer at our Fort Wayne law firm can walk you through the paternity process and help you protect your relationship with your child from day one.
As a father, you have enforceable parenting time rights under Indiana law. Indiana’s Parenting Time Guidelines specify the minimum time you’re entitled to spend with your child, and our Fort Wayne fathers’ rights lawyers are here to make sure you get it. Here’s what Indiana law provides as a baseline for your parental rights as a father of children three years old or older:
If your situation has changed in a meaningful way, Indiana law gives you the right to ask the court to modify your custody order. Under state law, courts can modify custody orders if doing so would serve the child’s best interests and if there has been a substantial change to one or more relevant factors. These factors can include things like a parent’s new job or a significant change in the child’s needs.
It’s worth noting that Indiana courts won’t consider a parent’s absence or relocation due to active military duty as a factor against them. Courts also generally won’t revisit evidence from prior custody proceedings unless it’s directly relevant to the current best-interest factors. If your or your child’s circumstances have shifted, our Fort Wayne fathers’ rights attorneys can evaluate whether you have grounds for a modification and represent you throughout the process.
A relocation can upend your relationship with your child, but Indiana law puts real limits on the other parent’s ability to move without your knowledge or consent. Under state law, the relocating parent must provide at least 30 days’ advance written notice that includes specific details about the move and a proposed parenting time plan.
If you receive this kind of notice, you have 20 days to file a response, in which you may ask the court to block the relocation or modify custody. In considering your response, judges will weigh factors like:
Our Fort Wayne fathers’ rights attorneys can help you act quickly and protect your parental rights in the event of a proposed relocation.
Child support and parenting time are separate matters under Indiana law, and neither one depends on the other. A custodial parent can’t withhold parenting time if you’ve fallen behind on support, and you can’t withhold support if the other parent is denying you time with your child.
Courts set support amounts based on each parent’s financial resources, the child’s needs, and the standard of living the child would have enjoyed had the family remained intact. Your support obligations generally continue until your child turns 19, with limited exceptions. If your financial situation changes significantly, you can petition the court for a support modification.
Our Fort Wayne fathers’ rights lawyers can help you pursue a fair support order from the start and request a modification if your circumstances change.
When your relationship with your child is on the line, you need a law firm that takes your case personally. That’s where Myers & Wallace, LLP, comes in.
Our Fort Wayne family law attorneys bring over 50 years of combined experience to every client we represent. Fathers’ rights attorney Caryn Wallace has focused her practice on family law since 2017, and her background as a registered guardian ad litem gives her a clear-eyed understanding of how courts evaluate children’s best interests. That kind of perspective can give you a genuine edge in any custody or parenting time dispute.
Fort Wayne fathers trust us because we don’t deal in cookie-cutter strategies. We listen to each unique story, assess the specific circumstances, and develop tailored legal solutions accordingly. If you’re ready to protect your rights as a father, contact our Fort Wayne fathers’ rights attorneys today.
Your relationship with your child is worth fighting for. Myers & Wallace, LLP, is here to help. We serve fathers throughout Fort Wayne and northeast Indiana, and we’re ready to put our experience to work for you. Reach out to our Fort Wayne law office now to get started with your free initial consultation.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
