WATCH: Is there a presumption under Indiana paternity law that favors a mother over a father for custody?

Erin Durnell answers:

In Indiana, there is no presumption in favor of either parent for custody in divorce. However, in paternity cases, there is an initial presumption that a mother has custody of a child and that a father has both the right to enjoy parenting time with the child and an obligation to provide financial support for the child.

That presumption is rebuttable, however, so any father who wishes to seek custody of a child in a paternity case should talk to a lawyer about how he might be able to do so.

Erin Maybee Durnell focused her practice on all aspects of Indiana family law. In 2022, Erin (Durnell) Weaver has been selected to serve as a Magistrate in our Hamilton County courts.