Monday, November 5, 2007

Paternity - custody, a difference from divorce law - 31-14-13

Think about this and the difference is logical even if a specific statute is unexpected.

In a marriage, both parents have joint custody. The phrase "child born out of wedlock" obviously meaning the absence of marriage and in paternity cases the mother has sole custody.

So says Indiana Code 31-14-13-1. Then the statute lists eight exceptions to the general rule. I think I can safely write that the idea here is to encourage the man to establish paternity. I see these exceptions as mapping the line between the private family and the public at large, but for guardianships and IC 31-14.

The statutory exceptions are:

(1) IC 12-26 (involuntary commitment of a child).
(2) IC 29-3 (guardianship and protective proceedings under the probate code).
(3) IC 31-14 (custody of a child born outside of a marriage).
(4) IC 31-34 (child in need of services).
(5) IC 31-37 (delinquent child).
(6) IC 35-46 (offenses against the family).
(7) IC 35-50 (criminal sentences).
(8) An order by a court that has jurisdiction over the child.

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