If you’re a father who isn’t married to your child’s mother at the time of the child’s birth, establishing paternity is one of the most important legal steps you can take. Paternity affects custody, parenting time, child support, inheritance rights, and even access to medical information.
A common question we hear is how long do I have to file for paternity in Indiana?
The Short Answer: Up Until the Child Turns Two Years Old
Under Indiana Code 31-14-5-3, a paternity action generally must be filed no later than two (2) years after the child is born.
However, there are some exceptions. The most common exceptions are:
- Support has been furnished by the alleged father
- The alleged father files a petition after the Mother has acknowledged in writing that he is the child’s biological father; and
- The petitioner was incompetent at the time the child was born
That said, waiting is almost always a mistake.
Even though the law allows time, delaying paternity can seriously limit a father’s rights in the meantime.
Who Can File a Paternity Case in Indiana?
A paternity case may be filed by:
- The child’s biological father
- The child’s mother
- The child (through a representative)
- The Indiana Department of Child Services (in certain cases)
If the parents were not married when the child was born, the father has no automatic legal rights until paternity is established.
What If a Paternity Affidavit Was Signed?
Many parents sign a Paternity Affidavit at the hospital or shortly after birth. This document legally establishes paternity without going to court.
If you signed an affidavit and now have questions, you should speak with an attorney immediately.
Why Fathers Should Act Sooner Rather Than Later
Establishing paternity early allows fathers to:
- Seek custody or parenting time
- Protect their relationship with their child
- Request child support determinations
- Be legally recognized as a parent—not just biologically
The longer a father waits, the harder it may be to assert parental rights.
Talk to an Indiana Paternity Attorney Before Time Works Against You
Even though Indiana law allows you some time to file a paternity action, your parental rights don’t legally begin until paternity is established. Waiting can mean lost opportunities that may never be fully recovered.
If you have questions about filing for paternity—or if you’re unsure whether paternity has already been legally established—speaking with an experienced Indiana family law
If you have questions about establishing paternity in Indiana, contact an experienced Indiana family law attorney to discuss your rights, options, and next steps. Dixon & Moseley, P.C. attorneys practice throughout the State of Indiana and understand how important it is to protect the interests of you and your child. This blog post is written by Dixon & Moseley, P.C. advocates and is not intended as specific legal advice or a solicitation for services. It is an advertisement.
