Marriage provides protection for fathers. They benefit from a presumption of paternity when their wives have children. When they divorce, custody proceedings are automatic, and fathers have the same basic rights regarding their children as mothers do.
Unmarried fathers have less legal protection. If they have not already done so, they may need to establish paternity when they end their relationship or cohabitation with the mothers of their children. Doing so is typically necessary for fathers to secure visitation or shared custody.
Only acknowledged parents have parental rights
State law theoretically allows a father the same basic rights regarding parenting time and decision-making authority as mothers. However, fathers must establish their legal and biological relationships with their children to make use of those rights.
Unmarried fathers often cooperate with the mothers of their children to establish paternity immediately after the child’s birth at the hospital. They can also sign a voluntary acknowledgment with the cooperation of the mother after the birth.
In cases where there are questions about who might be the father or the mother refuses to voluntarily cooperate, fathers can petition the courts to order genetic testing and validate their relationship with their children. Once the state has either a signed document or a genetic test validating a man’s parentage, he can then assert the same essential parental rights as mothers and married fathers.
Making the effort to officially establish custody is important, regardless of the status of a father’s relationship with the mother of his children. Fathers hoping to establish paternity, especially without the voluntary cooperation of the mother, may need the assistance of a family law attorney to ensure they follow the right procedures and avoid unnecessary delays.
