The laws governing families and children can often seem confusing. What rights do you, as an unwed father, have? Each state has its own laws governing the rights of unmarried fathers and their children. Though there are similarities, you should always check your state's own laws to be sure what your rights and obligations are, as a single or unmarried father.
Paternity
One of the key issues facing unmarried fathers is the question of paternity. Paternity is the legal recognition that a man is the father of a child. When a child is born to an unmarried mother, establishing maternity rights is easy, but paternity can be more difficult.
For example, the state of Florida allows fathers to establish paternity in several ways. Florida Statutes 742.10 states that a father can be granted paternity once he signs a notarized acknowledgment claiming the child as his own. If paternity is in doubt, any purported father has the right to ask the court to order scientific testing to determine who the father of the child actually is.
Custody
Once paternity is established, the father is granted custody rights to the child. Custody includes both the right to have the child physically live with the father, known as physical custody, as well as the right to make decisions about the child rearing process, known as legal custody. States typically award custody to both parents jointly, or in accordance with a parenting plan, unless extraordinary factors dictate that one parent should be granted sole custody.
When courts are asked to decide on child custody issues, they use the "best interests" test. For example, Ohio Revised Code 3109.04 states that a court must allocate parental rights in the child's interests, not necessarily those of the parent. The court can take the parents' wishes into consideration, though it is under no obligation or duty to act in accordance with the wishes of any party.
Child Support
Unwed fathers are also entitled to either pay or receive child support. When courts award custody, the court can also consider whether or not to award child support. State laws typically arrange for various amounts of child support payments based on a number of factors, including the custodial arrangements, the number of children, the income of both parents, and any other relevant factors.
While child support payments are commonly seen as flowing from an unwed father to the child's mother, this is not always the case, and it is usually not required by law. For example, South Dakota Codified Laws 25-7-6.8 specifically states that the sex of the party who pays child support shall have no effect in the court's decision in awarding support or determining an amount. Essentially, this means that the unwed father has the same right to receive, or pay, child support as the mother does.
