Despite some fairly insignificant differences from one state to another, the primary rights of a father of a child born out of wedlock are largely the same across the country, according to the American Bar Association Section of Family Law. A father in such a situation can pursue and enforce his rights relating to a child born out of wedlock through the court system.
Paternity Proceeding
A primary right possessed by a presumed father of a child born out of wedlock is to pursue a paternity case, according to "Paternity and American Law" by Rosemarie Skaine. Seeking a paternity decision from a court involves filing of a petition by the father stating that he believes he is the father. Additionally, a paternity case includes the ability of the father to seek DNA testing of himself and the child to prove that he is, in fact, the father of the minor.
Custody
Despite the fact that a father must first establish paternity of a child born out of wedlock, he has the right to seek custody of that child, according to "Paternity and American Law." In seeking to establish his right to custody of the child, the father must demonstrate that such a decision is in the best interests of the child. The focus of custody decision in all states is determining what is in the best interests of a minor child.
Visitation or Parenting Time
A father of a child born out of wedlock has the right to visitation with that offspring in the event he is not awarded custody, according to the American Bar Association Section of Family Law. The right to visitation includes ensuring that a father has the chance to develop and maintain a meaningful relationship with the child, despite the fact that the minor was born out of wedlock.
Legal Counsel
Any father of a child born out of wedlock working to enforce his rights associated with that minor has the right to seek legal representation. Local as well as state bar associations maintain directories of lawyers that practice in different areas of the law, including attorneys with experience in paternity matters and fathers' rights. Contact information for these organizations is available through the American Bar Association (see Resources).
References
- "Paternity and American Law"; Rosemarie Skaine; 2003
- American Bar Association: Section of Family Law
- New York Courts: Paternity FAQs
