If you are the biological father of a child, but are not married to her mother, you have no parental rights until you legally acknowledge the child as yours. This acknowledgment will make you responsible for child support, so you should ensure the child is yours before you move forward with it. The best way to determine paternity is with a DNA test.
Establishing Paternity
If the mother of your child is not married, both of you can sign an Acknowledgment of Paternity form at the hospital when the baby is born.You may also sign this form at a later date, and you can sign even if you are under the age of 18. If the mother refuses to sign the form, you will have to go to court to establish your legal parental status. Normally, a DNA test using a cheek swab is the required proof.
Another Husband
If the mother of your child is married to someone else or divorced for less than 300 days when your child is born, her husband or former husband is the legal father. He must sign a Denial of Paternity to rescind his parental rights before you can become the child's legal father. If the husband refuses, you can go to court to establish paternity, usually through DNA evidence.
Visitation
A legal father has the right to visitation, but it is not automatic. You may be able to work out an arrangement informally with the mother, but if this is not possible, you may need to get a court order granting you visitation with a specific frequency. If you are paying child support, you cannot withhold it because the mother is refusing visitation.
Custody
Legal status as a father allows you the opportunity to petition for custody of your child. You also have the right to challenge adoption of your child by someone else. If you have not filed an Acknowledgement of Paternity or had a court establish you as the legal father, you will not receive notification of adoption proceedings even though you are the biological father.
Financial
Status as a legal father may provide financial benefits for both you and your child. Depending on the level of support you provide, you may be able to claim the child as a dependent on your taxes. Also, your child may have access to health insurance coverage under your plan, and he may have the right to social security disability, veteran's or death benefits. If you are paying child support, you have the right to request an adjustment in your payments if you lose your job or experience a reduction in income.
