Unwed fathers face challenges that other parents don't face when they separate from their mate. For starters, unmarried dads do not automatically have rights, mainly because they aren't automatically presumed to be the biological fathers, even if they are listed as such on the child's birth certificate. But unmarried dads have rights, and should know what recourse they have to seek custody and/or visitation of their children.
Putative Father
The term putative father has no one definition that's applicable in all 50 states, according to the Bureau of Children and Families. But the putative father is generally known as the man who is alleged to be or claims to be the biological father of a child born to a woman to whom the man is not married at the time of the child's birth. The first step in a father's rights and responsibilities involving his children is establishing himself as the father. This is accomplished differently based on the state of residence.
Right of Notice
The Bureau of Children and Families points out that approximately 23 states have what's called putative father registries. Fathers of nonmarital children can file with the registry as a way to acknowledge paternity. In many cases, filing with the registry also gives them the right to be notified about court proceedings, including adoption petitions, a mother filing for termination of parental rights or a mother wanting to move out of state with the child. Filing is also a first step in many states to seeking visitation of a nonmarital child.
Constitutional Rights
In the past, according to the Bureau of Children and Families, putative fathers had fewer rights than unwed mothers and married parents. For example, putative fathers' parental rights used to be terminated when the mother gave the children up for adoption. This is not the case anymore, thanks to the 14th Amendment, which provides due process rights, including parental rights. Now, putative fathers' parental rights are protected if he has a "substantial relationship with the child," which is defined by the Supreme Court as "the existence of a biological link ... and a father's commitment to the responsibilities of parenting and participating in the child's upbringing."
Enforceable Court Order
Once paternity has been established, he can file a custody suit with the court. The court will hear your case and set forth an enforceable custody order that guarantees parenting time rights for the father. Once a court order has been issued, it must be followed by the mother or she can be taken back to court and even held in contempt. The only thing that's required to file a parenting time suit is acknowledgement of paternity based on your state's requirements.
Revocation of Claim
In most states, fathers who file with a registry or otherwise acknowledge paternity have the right to revoke that claim. Time restrictions vary from state to state, however. For example, revocation can occur in some states before the baby is born, but in others, it can only occur after the baby is born.
