A common misconception is that paying child support "buys" a father rights to his child. Child support payments are a duty that states and family courts mandate a father to pay in order to support their child's needs. Nothing extra or special comes from performing this duty. Financial support does not affect a father's rights to his child, according to father's rights advocate Jeffery Leving, author of "Fathers' Rights: Hard-Hitting and Fair Advice for Every Father Involved in a Custody Dispute." Aside from this issue, most states recognize basic rights of fathers.
Established Paternity
In most states, once a father legally establishes paternity of a child, he automatically gains certain rights to that child. A man who is not legally a father may have no rights to a child at all, according Leving. If the father is not listed on the birth certificate, he can petition for a court-ordered DNA test to establish paternity.
Right to Contact
Most states recognize that it is in the best interests of the child to have contact with both parents. States can curtail or bar such contact when the contact would not be in the best interests of the child, such as in cases of abuse, according to Leving. Fathers have the right to petition for visitation rights, even if they were never married to the child's mother.
Right to Guardianship
Most states also recognize that a father may have a right to take part in significant decisions about the child's welfare, such as medical care and education. This holds true even if the father was never married to the mother, Leving says. Fathers can petition to be included as a guardian of the child.
Right to Custody
Once the courts legally recognize a man is the father of a child, he may have a right to take custody of the child in certain circumstances, such as the death or permanent incapacitation of the mother. If the father hasn't been intrinsically involved in the child's care, he may have a tough legal battle on his hands to gain custody, according to Leving. However, states do give a father the right to petition for custody.
Consequences of Paternity
Gaining these rights through a paternity petition will usually bring consequences. If a father wins, the courts legally name him as the father, and he will usually immediately have to start paying child support, and by court order. Failure to pay child support can have serious consequences in most states, including loss of drivers' licenses, garnishment of wages and the threat of jail time.
No Purchase of Rights
Contrary to popular myth, paying child support does not purchase any additional or special rights. Fathers who pay child support do not get additional "say" in how the mother raises the child, except for the right to make sure that the money paid to the women actually goes for the child's care and nurture. Fathers who pay child support have the right to ask for the court's help in making sure the funds aren't misspent.
References
- "Fathers' Rights, 2E: The Best Interest of Your Child Includes You"; James Gross; 2006
- "Fathers' Rights: Hard-Hitting and Fair Advice for Every Father Involved in a Custody Dispute"; Jeffery Leving, Kenneth A. Dachman; 1998
- National Fathers' Resource Center: Fathers for Equal Rights
