Child Custody: Where Paternity Cases Differ from Divorce Cases

Indiana paternity law gives the mother a presumption of custody that does not exist for divorce cases. See Indiana Code 31-14-13-1. IC 31-14-13-1 also provides the exceptions to this presumption:

(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.

Now all this probably seems common-sensical, but consider what this means for the father. The father has no right to see the child until a court declares him the father. Number 8 is the one where the father has the ability to seek custody - if a Petition to Determine Paternity has been filed.