Tips for fathers seeking child custody in Indiana

June 08, 2013

Tips for fathers seeking child custody in Indiana

Article provided by The Bellinger Law Office
Visit us at http://www.bellingerlaw.com

In most families these days, fathers play just as active a parenting role as mothers do. Gone are the days when dads were expected to bring home the bacon and let mom handle the rest. Now, the more common situation is to see dads being very involved in their children's day-to-day lives.

However, if a couple breaks up, this parenting equality doesn't always translate into confidence during a child custody case. Many dads still feel like they are not on an equal playing field when it comes to getting custody of their children.

In reality, there is no gender presumption in Indiana child custody law. With all other things being equal, both the mother and the father have the exact same opportunity to be awarded custody. However, since some officials still hang on to the antiquated notion that women are inherently more nurturing than men, it is important for dads to take proactive steps to make their position in a child custody case as strong as possible.

Establishing paternity

The first step to succeeding in a child custody case is establishing legal paternity. If the mother and father were married when the child was born or conceived, this step is not necessary. However, if the couple was unmarried, the father will need to take steps to establish his legal rights.

Without legal paternity, a father has no standing to seek custody or visitation of his child.

The easiest way to establish paternity is to file a paternity affidavit. Ideally, this will be done when the child is born, but the affidavit can be filed at any time before the child is emancipated. If the mother does not consent to the paternity affidavit, the father may have to go to court to establish legal paternity.

Child custody success strategies

Once legal standing has been established, there are a number of strategies fathers can use to improve their chances of success if a child custody case. While every father's situation will be different, most can benefit from considering the following tips:
-Start early: It is important to consider your child custody goals early on in the process and discuss them with an experienced attorney. The attorney will work with you to evaluate all of the factors relevant to your situation to help you make as strong of a case as possible.

-Stay focused: This is especially important if the child custody case is part of a broader divorce case, since there will be so many other issues at play. Try to avoid talking about child support or other financial issues during child custody discussions. This could lead to a misunderstanding that you want more custody time so that you can pay less child support.

-Be positive: Even if you and your child's mother do not get along, your child will benefit tremendously from having the love and support of two parents who can work together. In addition, a judge may be more likely to respect your custody wishes if he or she sees that you can model healthy attitudes toward conflict and help your child foster a strong relationship with his or her mother.

These are just a few of the concerns that are present whenever fathers seek custody of their children. If you are in this situation, talk to an Indiana family law attorney who has experience advocating for fathers' rights.