When married couples divorce, both parents generally have equal rights under the law. They usually try to work together to establish custody arrangements. If they cannot agree on terms, then they can take the matter to a family law judge. Judges overseeing divorce proceedings frequently have to determine the best way to divide parental rights and responsibilities between the spouses.
Parenting rights seem less clear in cases where the parents didn’t marry. Unmarried fathers often worry about their protection under the law, especially when the relationship ends. Many fathers assume that their rights depend on the goodwill and cooperation of the mother.
However, unmarried fathers generally have the right to seek shared custody. They simply have to establish paternity first.
How can fathers establish paternity?
Many unmarried fathers have already established paternity. Unmarried parents frequently execute documents at the hospital after the birth of a child that acknowledge the father and allow the inclusion of his name on the birth certificate. This is usually the simplest path to paternity.
Some fathers decide to establish their paternity later. How they do so depends in part on the state where they live. For those in Mississippi, A Simple Acknowledgment of Paternity (ASAP) is the document that they may need to use. For those in Tennessee, the standard paternity-establishing document is known as a voluntary acknowledgment of paternity.
They must secure the cooperation of the mother to use this form. After properly submitting the necessary document to the appropriate state authorities, the father can have his name added to the birth certificate.
What if the mother doesn’t cooperate?
Some unmarried fathers have very contentious relationships with the mothers of their children. Other times, there might be uncertainty about who the father is. In either situation, the father may need to go to the family courts to request paternity testing.
The courts can order testing that can confirm the father’s parentage. Provided that genetic tests affirm that the man is the father of the child, he can then establish paternity. Once a man has established paternity, he has the same basic rights as married fathers and mothers do. He can ask for an allocation of parenting time and decision-making authority. Depending on family circumstances, he may also have an obligation to pay child support.
Learning more about the rules that protect fathers’ rights can help men stay as involved in their children’s lives as possible. Fathers who establish paternity have the right to request shared custody just like any other parent.
