Unmarried fathers have similar legal rights to their children as married fathers, but the laws vary by state. Laws continue to evolve as the numbers of unwed parents surge. Increasingly, courts are granting unmarried fathers more parental privileges than they have traditionally been allocated. The courts often are able to confer full legal parental rights on an unmarried father once he proves that he's the biological father. Custody and visitation rights can be established through court proceedings following a determination of paternity.
Paternity
When a child is born to an unwed couple, the mother usually retains the primary parental control over the child, even though the custody of the child can ultimately be determined by the court. On the other hand, the alleged father, or the "putative father," also has constitutional rights; the court gives him a chance to confirm paternity. Establishing paternity grants him the same parental rights as the mother of the child. Paternity may be verified through an affidavit of parentage, which is usually procured simultaneously with the birth certificate or by obtaining a DNA test. Substantiating paternity is crucial in the process of attaining full parental rights; prior to this paternal confirmation, the mother has full control over decisions, including the determination to put the child up for adoption.
Custody
Courts of the state usually issue a custody decree once there is a determination of paternity. Generally, the courts favor the mother as the primary caretaker, but the father may gain custody if the mother is deemed unfit or if she chooses not to keep the child. The court grants the father a hearing in which it determines custody based on a judgment that's presumed to be in accordance with the best interest of the child. The court may award joint custody if both parents display stability and a healthy participation in the child's life.
Visitation
The child lives with the parent who has been granted the role of "custodial parent," while the "non-custodial" parent is usually given visitation rights; the parents can often work out a mutually agreeable schedule of visitation without the court's involvement, but in circumstances where the parents aren't able to compromise, the court intercedes to resolve the visitation schedule. The custodial parent doesn't maintain absolute power and therefore can't deny the non-custodial parent visitation rights without proof of an unreasonable request or the possibility of child endangerment.
Child Support
Both parents are legally required to support the child, regardless of custody. Determining the child support obligation of each parent depends on the court's consideration of individual income and agreements of visitation and custody. The non-custodial parent is required to pay child support to the custodial parent until the child is no longer considered a minor; the most common exception to duration of child support is when the non-custodial parent surrenders parental rights in adoption. Federal law enforces child support payment; habitual failure to pay will result in legal action against you, and often jail time.
Other Rights
The father of the child is legally entitled to participate in decisions regarding matters of parenting. Likewise, the custodial parent deciding to move a considerable distance from the non-custodial parent necessitates revision of the existing custody order. The court considers the child's welfare, including support and relationship of the child to the non-custodial parent and relatives. Parental relocation laws vary state to state, but every state requires that the custodial parent inform the non-custodial parent of the intention to move. The custodial parent who intentionally leaves without permission from the non-custodial parent or the court faces kidnapping charges.
Warning
Retaining legal counsel is vital in securing your legal rights in the participation of your child's life. An attorney can provide you with advice on matters of paternity testing, custody and visitation, and allow you to safeguard your parental rights.
