A new father's rights initially are contingent upon the relationship he has with the birth mother, according to the American Bar Association Section of Family Law. For example, a father married to the birth mother is in a different position legally upon the birth of a baby than is an unwed presumed father.
Considerations
A married father in an ongoing relationship with the birth mother needs to take no action to assert his rights to his baby. His rights associated with the baby automatically exist at the time of the baby's birth. At the other extreme, an unwed presumed father must either sign an acknowledgment of paternity form that is accepted by the mother, or pursue a paternity case if she disputes that he is the father. A man in the midst of divorcing the mother at the time of the baby's birth is legally deemed a parent. However, he will need to pursue legal action if he decides to seek custody or establish visitation.
Types
In addition to establishing legal paternity, if necessary, a new father possesses the right to seek custody of a baby. If custody is not a consideration for him, he does maintain the right to seek parenting time or visitation with the baby. Parenting time or visitation is designed to ensure that a new father has the ability to bond and develop a relationship with the baby even if he does not win custody of the child.
Misconceptions
A common misconception associated with a new father's rights is that the interests of the birth mother always take precedence. Although a birth mother initially has a right to contest a man's claim of paternity, if there is no question about parentage or if a father succeeds in legally establishing paternity, he possesses the same rights as the mother. All states adopt gender neutrality with regard to parental rights.
Time Frame
A new father's rights vest at the time a baby is born. He may need to establish all of his rights fully through a paternity action. Nevertheless, once a baby is born, he has the power to proceed to fully establish and maintain his rights as a parent, according to FindLaw.
Expert Assistance
Issues surrounding the rights of a new father are complicated. Therefore, in order to protect your interests, consider engaging the services of an attorney experienced in this area of the law. The American Bar Association provides resources to assist you in finding a qualified attorney.
