All states maintain a set of laws that establish the rights of unwed fathers with regard to matters involving their minor children. Although court procedures used to establish and protect these rights vary from one jurisdiction to another, the general legal interests of a father are the same in all states in the country.
DNA Test
The threshold right possessed by an unwed father is proving paternity. If the birth mother challenges a man's fatherhood claim, his next step is to obtain a DNA test. This is accomplished by filing a paternity case in the county where the child resides. Upon filing a petition for paternity, the judge orders the mother to make the child available for DNA testing. Because the father is pursuing the establishment of paternity, the presumption is that he will be available for testing. Provided the DNA test confirms paternity, the court issues an order declaring the man who sought the testing the legal father of the child.
Custody
An unwed father possesses the right to seek custody of his child, according to "Fathers' Rights" by James J. Gross.. Once paternity legally is established, the father has the ability to take further legal action to attempt to win custody of his child. The mere facts that he is male and not married to the birth mother do not represent factors significant enough on their own to deny an unwed father custody. As is the case in all other types of custody disputes, the court applies the standard of the best interests of the child in determining whether or not to grant an unwed father custody.
Parenting Time
Failing to obtain custody, an unwed father does possess the right to obtain parenting time with his minor child, according to "Child Custody A to Z" by Guy J. White. Parenting time also is known as visitation. Parenting time, as a concept, conveys the fact that even an unwed father is entitled to be more than a visitor in the life of his child. The purpose underlying parenting time is to ensure that the father's right to develop and maintain a meaningful relationship with his child is satisfied.
Legal Assistance
Laws and court procedures associated with an unwed father's rights represent complex legal matters. Even a well-educated individual does not necessarily possess the necessary background and experience to successfully pursue a case involving an unwed father's rights. Finding yourself in that type of position, consider seriously obtaining the services of a qualified attorney. The American Bar Association maintains a selection of resources designed to aid you in the process of retaining a lawyer. Included among these tools is a comprehensive listing of contact information for local and state bar organizations, groups that maintain the names of attorneys in your area available to assist you.
References
- "Fathers' Rights"; James J. Gross; 2006
- "Child Custody A to Z"; Guy J. White; 2005
- FindLaw: Family Law Center
