Though the particulars vary, unwed biological fathers retain the same basic rights across different states according to Child Welfare Information Gateway. Paternity rights are automatically granted under certain conditions, but if paternity is questioned by the mother, the process of obtaining biological father's rights can become more complicated.
Paternity Defined
Paternity is traditionally established when the mother and father are married and the father lives with the mother. Establishing paternity can be more complex if the father is unwed. In these circumstances, fatherhood must be established by legal means, and this can become even more complicated if the mother raises questions regarding paternity. Legal definitions can include: The mother has signed a legal affidavit identifying the father, the father is designated on the birth certificate or the court establishes who the father is. An unwed father has the right to obtain a DNA test to establish paternity. The father can request the court to compel testing. Once a DNA test establishes paternity, the court will grant paternity rights.
Custody
Custody refers to the rights of the parent to contribute to decisions about his child's life, such as residence, education, religious training and health care. These rights apply to fathers if they are wed or unwed. Usually courts establish joint custody, authorizing both the mother and father to participate in these decisions. Courts assign custody to one parent if there are extenuating circumstances, such as when a parent is absent, in prison, abusive, harmful, neglectful or otherwise unfit.
Physical Custody
Physical custody determines the primary residence where the child spends the majority of her time. If the biological father is not married to the mother, courts usually assign primary physical custody to the mother. Unwed fathers rarely get primary physical custody unless the courts declare the mother unfit. Courts in some jurisdictions may assign joint physical custody, determining that the child spends equal amounts of time with each parent, though this is less likely if the mother and father have never been wed. The courts assign physical custody to one parent if there are compelling reasons why joint custody is prohibitive, such as the parents live far apart.
Visitation and Custody Rights
When unwed fathers are denied joint or primary custody, they still retain rights to spend time with their child, unless there are questions regarding the child's safety and well-being when with the father. Denial of physical custody does not bear on biological fathers' custody rights; they are able to contribute to important decisions like education, religious upbringing and health care. Courts often grant vaguely defined "reasonable" visitation that is worked out between the mother and the father. If the parents can't agree on visitation, the courts establish a visitation schedule. Typically, visitation schedules for unwed biological fathers include some weekends, a day or two of contact during the week, and alternating holidays and vacations.
Responsibilities
Unwed biological fathers have legal responsibilities, including paying child support and medical and health expenses. They are responsible for the child's physical and mental welfare during times of custody or visitation.
