Fathers have many rights to their children, whether they were married to the mother or not, but sometimes these rights are abused by mothers or other custodians. Fathers who are denied rights to their children can choose to seek out a lawyer and have a court order for visitation or custody.
Birth Certificate
It is important that the father's name is listed on the birth certificate. If the father's name is withheld from the birth certificate, the child has no legal father and the biological father has no legal rights to the child. The father named on the birth certificate is entitled to legal rights to the child. The father's name can be added to the birth certificate at a later date by signing an affidavit of paternity that states he is the father of the child, according to The National Fathers' Resource Center. Fathers do have a right to request a DNA test before signing the birth certificate or affidavit of paternity.
Visitation Rights
The father is entitled to visitation rights with his child. As long as the father is named as the legal father, visitation is usually granted by the courts. Visitation rights can result from a divorce or be granted if the parents are unmarried. It may be best to get visitation court-ordered to ensure that the mother or other custodian allows the child to see the father. If the mother prohibits court-ordered visitation, she can be held in contempt of court, according to Just4Dads.org.
Custody
Fathers also have the right to get custody of their children. Custody proceedings can take place at the same time as the divorce proceedings. The final decision of the judge will be based on what is in the best interest of the child and who can properly care for and support the child, according to Divorce Lawyer Source. Fathers have the option of choosing between sole or joint custody, which can be worked out with the mother.
