Fathers' Rights
Fathers’ rights issues are common in family law cases. Traditional parenting roles evolve. New legal rights for dads are replacing old presumptions about fathers. Many fathers demand equal protection of the law when it comes to parenting.
This article provides an overview of fathers’ rights laws and new developments in fathers’ rights. Family law is primarily governed by local and state laws and procedures, so a local, experienced family law lawyer is the best source if you are a father and have questions about your rights.
Establishing Paternity
A married father is presumed to be the legal father of children born within the marriage unless paternity testing proves otherwise. When the father of the child is not married to the mother, establishing paternity can be more complicated. There are additional steps to put a father’s name on a child’s birth certificate.
Many states allow unwed or potential fathers to sign an acknowledgment of paternity with the mother. This can establish legal paternity. Otherwise, you may need to submit to a DNA test or some other genetic testing to establish or disprove paternity.
Paternity and maternity are different issues. A child is born to its mother with no parentage question about who the child’s mother is. Fathers’ parental rights are not presumed in the same way.
Paternity also allows you to pursue visitation, joint custody, or even primary custody. Child custody cases, parenting time, and visitation rights depend on what is in your child’s best interests. In the past, there was a presumption in favor of the mother. However, family courts now consider time with both parents to be in the best interest of the child.
Unmarried Fathers
In most cases, an unmarried father of a child in an ongoing relationship with the baby’s mother can still go to the hospital at the time of the birth and include the father’s name on the birth certificate to be a legal parent.
If you are not in an ongoing relationship with the baby’s mother, establishing paternity will be more involved. Unless the mother agrees to affirm your parenthood, you will need to get a paternity test to prove you are the biological parent. Establishing paternity also carries a legal obligation to support the child financially.
Fathers of Children Placed for Adoption
You may also need an attorney if the mother tries to put the baby up for adoption without your consent. This can happen if an adoption agency seeks to expedite adoptions by excluding you. Some states maintain adoption registries to provide notice to potential biological fathers if a mother puts her child up for adoption. Failure to register could waive your right to challenge the adoption later.
When that happens, you will need help from a lawyer who understands the legal rights of unmarried fathers in adoption cases.
Child Custody and Visitation Rights for Fathers
State laws require family courts to make child custody and visitation decisions based on the best interests of the child. The factors involved vary. Courts will generally examine the child’s age, health, and individual needs. The court may also review the past histories and the current living situations of both parents.
Family courts also divide custody of the child into legal and physical custody. Legal custody refers to a parent’s decision-making ability on behalf of the child. Physical custody describes where and with which parent the child is actually spending their time.
As the father, you may share joint physical custody, with the children spending time with you and their other parent. Or you could have primary custody, with the children spending most of their time with you. The custody arrangement may even be sole custody, with the children living only with you.
Child Support
Every parent has a legal obligation to provide for their minor children. Child support payments are typically set when one of the parents is not living together with the children. Generally, the non-custodial parent pays support to the custodial parent.
Child support payments cover the children’s basic living expenses, like food, clothes, and health care. Courts may also issue a child support order with amounts to include the costs of other things, like special education expenses. The court uses the financial situation of both parents and the child’s needs to determine the amount of support.
Modification of Parenting Agreements and Family Court Orders
Child support, custody rights, and visitation orders are not set in stone. It is possible to modify existing divorce decrees and parenting agreements. You can modify court orders if there has been a substantial change in your or the other parent’s living or financial situation. Modification is difficult, so contact an experienced family law attorney if you need help.
Many fathers feel that the money they are paying is not going only to the child’s expenses. Other fathers feel that the overall amount of child support they have been ordered to pay is too high and doesn’t reflect their ability to pay. If you are a father and have questions about your rights, contact a local and experienced fathers’ rights lawyer.