• If parents are not married, a father must establish paternity in order to exercise his custody rights.Mimi Haddon/Lifesize/Getty Images
  
  If parents are married when their child is born, they are both the legal and biological mother and father. However, in Indiana, if parents are not married, a biological father does not automatically have legal rights to his child. When the parents are not in a relationship, an unmarried biological father must establish paternity in order to exercise his custody rights.
  
  

Paternity

• When parents are not married they can fill out a paternity affidavit form in the hospital to establish the father's paternity rights. If the form is completed no more than 72 hours after the child's birth, no additional steps need to be taken to establish paternity. Additionally, under Indiana's new paternity law, passed on March 12, 2010, parents have the option to select joint custody in their paternity affidavit, saving them from a long and expensive custody battle in the future.
  
  If the parents do not complete the affidavit in the hospital, a paternity form can be signed and filed with the health department in the county where the child was born. This is an administrative procedure and a father will be granted legal paternity rights 60 days after filing.
  
  

Contested Paternity

• If the mother and alleged father do not agree that he is the biological parent, a DNA test must be conducted before paternity will be established. A paternity action must be filed in court and evidence of the DNA test must be submitted. The court will review the evidence and hold a hearing to make a determination. If the court orders that the man is the biological father, he will be granted legal rights to his child.
  
  

Custody

• Once paternity is established, a father can seek custody of his child. An Indiana court will decide custody based on the "best interests of the child" standard. Factors include: the parents' requests, the child's preference, if he is at least 14 (though younger is considered), the child's gender and age, the child's relationship with each parent, whether the parents or child suffer from any physical or mental health issues, whether the child is adjusted in her current environment and any allegations of domestic abuse.
  
  If the court plans to award joint custody it must also consider: the parents' ability to cooperate, the closeness of the child to each parent, the home environment each parent can offer and the distance between the two residences.
  
  

Visitation

• If a parent is not granted custody he still has the right to seek visitation with his child. The court will also issue a visitation schedule that is convenient for the parents and the child and will allow the non-custodial parent to maintain a meaningful relationship with the child.