Is A Father Who Never Married The Mother Still Required To Pay Child Support? What If The Father Is Not Allowed To See The Child?

Child support does not depend on marital status. The biological father and mother have a legal responsibility to provide for their child. Both parents are responsible for financial support to raise their child, whether or not they were ever married. With unmarried couples, the parents can establish paternity through acknowledging the legal father or through family court.

After a paternity action, the legal father is responsible for support, even if they don’t visit the child. Child support laws vary by state. To understand your legal rights and responsibilities for child support, talk to a local child support attorney.

Legal Obligations of Unmarried Parents

Every parent has a financial obligation to support their children. The biological parent’s child support obligations do not depend on marriage. A biological parent is responsible for their child’s care unless they give up parental rights. Child support responsibilities continue until the child becomes an adult or even longer.

The legal parents are responsible for taking care of their children, including basic needs like food, clothing, and housing. Parents must also provide for the child’s healthcare, educational, and special needs. Many states still use the terms “mother” and “father” in their family law statutes. However, legal parentage obligations don’t rely on the parent’s sex. Legal parents include same-sex couples and adoptive parents, whether or not they are married.

Establishing Paternity for Child Support

In most cases, establishing the mother is relatively simple. The person who gives birth to the child is generally the mother of the child. Paternity is not as simple. States have different ways to establish paternity. Generally, parents can establish paternity through one of the following:

• Presumption of paternity for married couples
• Acknowledgement of paternity
• Paternity tests

In most states, married couples are presumed to be the biological and legal parents of the child. For same-sex married couples, the partner of the birth mother is generally the presumed legal parent, regardless of gender.

Another way to establish paternity is through acknowledging parenthood at the hospital at the time of birth. Both parents can also voluntarily acknowledge paternity with a court filing after birth. There is no need for a biological or DNA test to acknowledge paternity.

If the biological father does not claim paternity, the birth mother can go through the family court to require genetic testing. If a genetic test determines someone is the birth father, the father becomes the legal parent and guardian.

The birth mother also has the option to not establish paternity. Children are not required to have two legal parents. However, if the birth father wants to establish paternity, the mother cannot refuse a court-ordered paternity test. Once the court establishes legal paternity, the father has parental rights, regardless of the mother’s wishes.

Father’s Rights and Responsibilities

A birth father is legally responsible for their child’s care. It does not matter if the father did not want the child or did not know about the child. The birth father also has parental rights to raise their child. Fathers have visitation and custody rights to spend time with their children. Generally, family courts prefer to give both parents visitation rights in the best interests of the child.

Fathers who do not want to share physical custody are still responsible for the financial costs of raising their children. The noncustodial parent generally pays support to the custodial parent. Courts determine the amount of child support based on the parent’s income and other factors. In some states, the court can require the father of the child to pay retroactive child support.

Support obligations continue until the age of majority, or longer if the child is in high school or unable to care for themselves. If the father of a child doesn’t make child support payments, the back child support obligations don’t go away. The father can have their wages garnished to pay the full amount of child support arrears.

Mother’s Rights and Responsibilities

A mother has the same rights and responsibilities as a father. The birth mother has maternity rights to care for their child. The birth mother can also get financial support from the birth father if they have primary custody. Even if the father does not acknowledge paternity, the custodial mother can go through court to establish paternity. After establishing paternity, the mother can get court-ordered child support. The mother can take enforcement action to get support, including wage garnishment.

The birth mother does not have exclusive parenting rights over their child. The birth mother cannot prevent the legal father from being part of their child’s life. The birth father has parental rights, including visitation and custody rights.

Separation of Child Support and Visitation Rights

Child support is separate from visitation rights. A parent cannot withhold child support because of disputes over custody or visitation. If a noncustodial parent isn’t paying child support, they can still visit their child. The custodial parent cannot withhold visitation rights based on child support payments.

Child support is also not dependent on visitation. If a custodial mother won’t let the father see their child, the father is still responsible for child support payments. The paying parent must go through the courts if the other parent is violating child custody and visitation agreements.

Legal Recourse in Child Support Cases

An unmarried father has to pay child support, and an unmarried mother cannot refuse the father’s parental rights. Child support obligations do not depend on marriage or on the parent’s gender. If the parents don’t acknowledge parenthood, they can establish parentage through the courts.

Once a child has legal parents, the parents are responsible for taking care of the child. Legal parents are responsible regardless of custody, visitation, or voluntary acknowledgment. For legal advice about paternity, child support, and visitation rights, talk to a local child support attorney.