Each state maintains laws establishing the rights of fathers in divorce, paternity and related court proceedings. These rights extend to a father who happens to be a minor himself. Associated with these laws are court procedures designed to permit a teen father the ability to establish these rights associated with his own child.
Legal Representation
A fundamental right of a teenage father is representation by an attorney in paternity, custody and related proceedings, according to the American Bar Association Section of Family Law. Depending on the specific circumstances of a case involving a minor father, the court may appoint an attorney to represent him in paternity and related proceedings. The title of such an attorney designated to represent a teenage father in these types of proceedings is "guardian ad litem."
An alternative to court appointed counsel, or in lieu of such assistance, is a privately retained attorney. If a teenage father--or his parents--are unable to pay for such representation, different organizations provide no-cost representation to minors involved in paternity-related matters. The American Bar Association provides resources to aid in finding private as well as pro bono--no-cost--attorneys.
Establish Paternity
Another fundamental right of a teen father is to establish legal paternity of his child, according to "Paternity and American Law" by Rosemarie Skaine. Teens who are minors cannot initiate a court action on their own. Therefore, one or another of his parents needs to bring a paternity action on his behalf. If his own parents are unavailable for this purpose, a court-appointed guardian ad litem will file the paternity case on behalf of the teenage father. Through the paternity case, the judge orders DNA testing, a procedure that determines whether the teenager is the child's father.
Custody and Visitation
A teen father possesses the right to seek custody and visitation or parenting time once paternity legally is established, according to "Paternity and American Law." Determinations by the court regarding these issues are based on what is in the best interests of the teen father's child. If a teen father is a minor, this does not automatically preclude him from obtaining primary custody of the child, particularly if his own parents are involved in the process. As a general rule, if the teen dad is denied residential custody, he will win visitation so that he can establish a meaningful relationship with his son or daughter.
References
- American Bar Association: Section of Family Law
- "Paternity and American Law"; Rosemarie Skaine; 2003
- Cornell University Law School: Child Custody Overview
