When a man is determined to be the biological father of a child, that creates a legal connection to the child that can only be severed through the adoption of the child by another set of parents, or by a court-ordered removal of any parental rights and connection to the child. The rights of biological fathers can be murky, since often the mother has the inside track to custody of the children. However, it's important for any biological father to understand his rights.
Custody Rights
If the father and mother are living together, the custody of any children is joint. However, when there is a separation or divorce, many times a court case is required to determine custody of the children. This can have many outcomes, including joint legal custody, joint physical custody, or sole custody by one member. During the trial period, the court determines where the children will stay and what interactions they will have with their parents. Both father and mother have equal rights to any children, but the court may make a determination against this--this essentially places custody of the children into limbo, with neither parent having control over the final decision. However, without a court order, a biological father has as equal a right to the children as the mother, regardless of the circumstances.
Proximity Rights
Biological fathers have a right to live in close proximity to their children. This allows them to visit and interact with their children easily. When parents are divorced or separated, one of the parties may seek to move to another city or state. To do this, the party holding custody of the child must give at least 30 days notice to the other party, regardless of whether the father or mother is in custody of the children. If desired, either party may file a complaint with the court to prevent the other from moving. In this situation, neither the father nor the mother has the upper hand--it is the party without any child custody that may be able to dictate where the child lives.
Shared Parental Responsibility
Any father maintaining parental custody of their child is allowed to share parental responsibility with the other biological parent. This means that the father should be notified and included in discussions regarding the child's performance at school, medical occurrences, vacations and religion, among other aspects of the child's life. The father is also allowed to be informed of the child's activities and to attend and participate in those activities, such as coaching the child's sports team.
Child Support Payments
More often than not, a father is the one paying child support to the mother. In some cases, though, fathers with sole custody of their biological child may choose to seek child support from the mother. A father has every right to do this, and the amount can either be agreed upon in private or determined in court, often as a percentage of the other party's income. For fathers who are ordered to pay child support, they can appeal the child support amount if they feel it is too high and cannot be adequately paid each month.
