Laws governing children born out of wedlock vary somewhat, depending on where you reside. Nonetheless, your rights as an unwed father essentially are the same no matter what state you call home, according to the American Bar Association Section of Family Law. The fundamental purpose for these various rights is to ensure that you can develop a meaningful, lasting relationship with your child.
Types
As an unwed father, your rights include establishing legal paternity of your child. All other rights are contingent upon a legal determination that you are the father of the child, according to "Child Custody A to Z" by Guy J. White. You establish paternity either by voluntary admission and agreement with the birth mother or through an order of the court. Other rights arising out of a paternity determination include custody and child support as well as visitation or parenting time.
Time Frame
Although an unwed father technically can exert his rights at any time, ideally he takes steps to establish those interests shortly after the baby is born, according to the American Bar Association Section of Family Law. Waiting too long--much beyond a year--can result in a court limiting his rights, even after a paternity determination is made.
Considerations
If the birth mother conceals a child from an unwed birth father, he not only possesses the basic rights maintained by a man in his position, but others as well. For example, an unwed father possesses the right in such a situation to seek sanctions against the mother to punish her for concealing the child from him. Depending on the circumstances, and his own living situation, an unwed father in such a position can make a strong case for an award of custody in his favor.
Geography
An unwed father can exert his rights to a child no matter where he lives, including when living in a different state. With that noted, a father is in a far better position to prevail in a court case seeking to establish or enforce his parental rights if he resides in the same state as the child, according to "Child Custody A to Z."
Expert Assistance
An overarching right of an unwed father is to use legal representation in seeking, enforcing and maintaining his other rights. Some lawyers specialize not only in family law but in paternity cases more specifically. The American Bar Association provides consumers resources to assist in finding qualified and experienced lawyers.
References
- American Bar Association: Section of Family Law
- "Child Custody A to Z"; Guy J. White; 2005
- FindLaw: Family Law Center
