Family Law
Your Trusted Paternity Attorney in Indiana
What Is at Stake in an Indiana Paternity Case?
Paternity is the legal and social acknowledgment of the parental relationship between a father and a child. Until paternity is legally established, an unmarried father has no enforceable rights to custody or parenting time — and a mother has no legal basis to compel child support. For the child, unestablished paternity can mean gaps in medical history, loss of inheritance rights, and the absence of a legal father on the record.
Paternity cases arise from several different circumstances. A mother may seek to establish paternity to secure child support and health insurance coverage from the father. A father may seek to establish paternity to assert his rights to custody and parenting time. In some cases, a party seeks to challenge an existing paternity determination when questions arise about biological parentage. Each situation carries permanent legal consequences for everyone involved — the father, the mother, and most importantly, the child.
Ziemer & Ziemer represents mothers, fathers, and children in paternity matters across Evansville and the surrounding counties. As an experienced family law attorney in Evansville, Jay Ziemer has handled paternity cases from both sides of the courtroom — a perspective that gives clients a clear-eyed view of how these cases proceed and what the outcomes mean.
Our Approach
How Ziemer & Ziemer Handles Paternity Cases
The Two Methods of Establishing Paternity in Indiana
Indiana law provides exactly two ways to establish paternity, and the path taken has significant implications for how quickly legal rights and obligations take effect.
The first method is a voluntary acknowledgment of paternity. Both parents sign a sworn affidavit confirming the father’s parentage. This acknowledgment is filed with the state and becomes a permanent legal record. Because the affidavit is permanent and legally binding, it should not be signed without a clear understanding of the rights and obligations it creates. An attorney should review the situation before either party signs.
The second method is a paternity lawsuit. Either parent can file a paternity action in court. Once filed, the court will typically order DNA testing to determine biological parentage. DNA evidence is admissible in Indiana paternity hearings and is the most accurate method available for establishing or disproving a biological relationship. The testing itself is straightforward and noninvasive, but the legal proceedings that follow are not simple, and representation matters.
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- The gross weekly income of each parent
- The cost of childcare and daycare expenses
- The cost of health insurance coverage for the children
- Whether either parent has other children for whom they are financially responsible
- How the parents plan to divide their parenting time and custody arrangement
- Post-secondary education expenses, including college costs
Sole custody means one parent holds primary legal or physical custody. The other parent typically receives parenting time, but one parent carries the decision-making authority or the child primarily resides with one household.
Joint custody means both parents share legal or physical custody, or both. Joint arrangements require a workable level of communication and cooperation between parents. Indiana courts can order joint custody even when one parent objects, if the evidence supports it as the best arrangement for the child.
What Happens Once Paternity Is Established
Once paternity is legally established in Indiana, the consequences are immediate and permanent. The father becomes legally responsible for:
- Paying child support in accordance with Indiana’s Child Support Guidelines
- Providing health insurance coverage for the child
- Contributing to healthcare expenses not covered by insurance
- Contributing to school and post-secondary education expenses
At the same time, the father gains enforceable legal rights, including the right to seek child custody and parenting time. For fathers who want a relationship with their child, establishing paternity is the necessary first step. For mothers seeking financial support, it is equally essential. Paternity testing results in consequences that reshape the lives of every party involved — and those consequences do not reverse easily once the legal process is complete.
WHY NOT GO IT ALONE
Can Paternity Be Handled Without an Attorney?
Some parents attempt to navigate paternity informally, assuming the process is straightforward once a DNA test confirms biological parentage. The legal process that follows a paternity determination is where mistakes happen. Signing a voluntary acknowledgment without understanding what it waives, agreeing to support terms without a proper calculation, or failing to assert custody rights at the time paternity is established can all create problems that are difficult and expensive to correct later.
Indiana paternity affidavits are permanent. Challenging a signed acknowledgment after the fact requires proving fraud, duress, or material mistake of fact — a high legal standard that most challenges fail to meet. Getting the process right the first time, with an attorney who knows how Indiana courts handle these cases, protects everyone involved including the child.
WHY ZIEMER & ZIEMER
