Giving birth to a child out of wedlock likely leaves you with some major concerns and serious questions. For example, you may wonder what rights the biological father has with regard to your child. Understanding these rights is crucial to ensure the protection of your own rights as well as those of your child.
Paternity
The most fundamental right of your baby's father is to establish legal custody of the child, according to "Paternity and American Law" by Rosemarie Skaine. Two processes exist through which the father can establish legal custody. First, a father can execute what is a known as an acknowledgment of paternity, called an affidavit of paternity in some states. Provided you do not dispute his claim to paternity of your baby, this document is effective in establishing his legal relationship to the child.
Second, if you dispute paternity, a father possesses the ability to file a paternity case in court in the county where the child is located. The court orders paternity testing and, depending on the results, issues an order establishing that the man legally is the father of the child.
Custody
Although many birth mothers like to overlook this fact, or do not think that it is possible, a biological father legally possesses the right to seek physical custody of a child born out of wedlock, according to "Paternity and American Law." The laws of all states apply the same general standard in paternity custody matters that is used in divorce cases. A father, to prevail in his claim for custody, must demonstrate that placing the child with him is in the best interest of that minor.
Additionally, a father possesses the ability to seek legal custody of the child, even if he fails to gain or elects not to seek physical custody. Legal custody means that a parent has the ability to make significant decisions in the life of the child. A court tends toward awarding joint legal custody, allowing both parents to share in decision making. This particularly is the case if your baby's father has participated in providing support for the child or consistently attempts to become involved in the child's life.
Visitation
Another right of your baby's father is to seek and obtain visitation or parenting time with the child. Once paternity formally is established, your baby's father maintains a right to spend time with the child to develop a lasting and meaningful relationship with the child. A court issues an order creating a specific visitation schedule for the baby's father, unless you reach an agreement with him regarding visitation issues.
References
- "Paternity and American Law"; Rosemarie Skaine; 2003
- Expert Law: Establishing and Contesting Paternity
- American Bar Association: Section of Family Law
