Legal Question in Family Law in Indiana
Sole Custody
Is it true that if a child is born out of wedlock the mother will automatically receive sole custody? What is the definition of sole custody? If the father is listed on the birth certificate does that automatically establish paternity? What are the fathers rights in this situation?
1 Answer from Attorneys
Re: Sole Custody
Until there is a custody determination in a court (whether by hearing or submission of an agreement of the parents) the mother has sole custody which includes the right to determine where the child will reside, what medical care, religious training and education the child will receive. The father's paternity is established by the listing of his name on the birth certificate but the law has not reserved him any rights until there has been a determination of those rights by the court.