The legal term "biological father" typically refers to a man who fathers a child out of wedlock. Technically, a married man can be a biological father, but that is not a customary use of the term. A biological father has a variety of rights when it comes to his children, according to the American Bar Association Section of Family Law.
Establish Paternity
A presumed biological father must first establish paternity, according to "Paternity and American Law" by Rosemarie Skaine. There are two primary ways to do this: execute what is known as an affidavit or acknowledgment of paternity-- this is a legal document, signed under oath, through which a man admits paternity. Provided the birth mother does not object to the acknowledgment, the document establishes the father's paternal rights; if the mother disputes paternity, the presumed father can file a paternity action in the court within the county where the child lives. DNA paternity testing will then be ordered by the court.
Parenting Time or Visitation
After establishing paternity, the father has the right to seek parenting time or visitation. Ideally, a father receives unsupervised visits or parenting time on a regular basis. However, if the biological father has been out of the picture for some time, the court may order supervised or some other type of more limited visitation. The theory is that restricted visitation at the outset allows the child a chance to become better familiar with the father. A common arrangement is visitation supervised by an agreed-to member of the father's family. Third party supervision by a state agency or court appointed individual is not used unless extraordinary circumstances exist, including a prior allegation of abusive conduct.
Custody
Although a father possesses the legal right to seek custody of a minor child once paternity is established, a biological father does not commonly win custody at this stage. A number of reasons exist for this outcome, including the fact that contact between father and child was limited up to that juncture. However, as the father enjoys more contact with the child, and if circumstances warrant, he can file a motion with the court seeking a change of custody. In taking this step, the biological father demonstrates the occurrence of a significant change in circumstances surrounding the existing custody arrangement, an alteration that jeopardizes the welfare or safety of the child, according to Cornell University Law School.
References
- "Paternity and American Law"; Rosemarie Skaine; 20
- American Bar Association: Section of Family Law
- Cornell University Law School: Child Custody Overview
