The Legal Rights of the Father

The Legal Rights of the Father
Photo Credit father image by Pavel Vlasov from Fotolia.com

Fathers have just as many rights to their children as mothers have. Whether the couple was unmarried or not, the father still has responsibilities, duties and rights that are outlined by state laws. If a father feels that his rights are being violated, he may take the issue up in a family court.

Establishing Paternity

Paternity must be established before a father can claim any legal rights to his child, according to Fathers4Kids.com. Paternity is established by signing the birth certificate at the time of birth or by signing an acknowledgment of paternity after birth if the couple is not married. With married couples, it is understood that the husband is the biological and legal father, unless proved otherwise. Establishing paternity will allow a child all the benefits and rights of a child born to a married couple. If paternity has been established, a child will have rights to medical and life insurance, child support, inheritance rights and social security benefits.

Custody

Fathers have the right to petition for custody of children. Before filing for custody, it is best to consider what is in the best interest of the child and if the other parent is a suitable and responsible parent. There is the option of having joint physical or joint legal custody of the child where both parents are involved and take responsibility of the child. There is also the option of having sole custody of the child, where one parent takes on the physical and legal responsibilities of the child.

Visitation

Fathers are also entitled to visitation of their children. The visitation does not always have to be court-ordered and can be an agreement between the two parents, according to Just4Dads.org. With court-ordered visitation, rules are laid out on visiting the child that must be adhered to by the father. If the mother refuses to allow visitation, the father can report this to the family court and have the mother held in contempt of court for violating court orders.

References

Article reviewed by Roman Tsivkin Last updated on: Jun 3, 2010

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