An Unmarried Fathers Rights to Child Visitation

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Unmarried fathers have just as much of a right to visit with their minor children as those that were once married and are now divorced. However, there are a number of extra legal steps that must be undertaken in order to exercise these rights.

Establishing Paternity

The first step for an unmarried father is to establish paternity of the minor child. These can be done by undergoing a paternity test or by the mother and father both agreeing that the father is indeed the parent of the child. Paternity tests conducted via DNA sampling are 99.9 percent correct. A non-invasive procedure for both the child and dad, it requires just simple swab of their mouths. Once paternity is established, the father will be entitled to certain legal rights and required to contribute to the support, maintenance, and overall well being of the child.

Visitation Proceedings

Unmarried mothers in almost every jurisdiction in the United States are the default custodial parents of a minor child. Although the father is entitled to certain rights, if the mother isn’t willing to enter into a consent order agreeing to these rights then a case must be filed in the appropriate court in your state. Although there is a growing trend in granting fathers as much contact with their children as possible, the court must always defer to what is in the best interests of the child.

The good news is that courts have deemed contact with both parents as being in the best interests of the child. Unless a father can be proven unfit, he will be entitled to regular visitation rights. A father is also entitled to joint custody, which along with visitation rights gives him the right to participate in a meaningful way about decisions made in the minor child’s life.

Child Support

With reward there is also responsibility. Fathers seeking visitation rights should be aware that they would be bound to provide for the support of the minor child as well. Different states will use different formulas in calculating the amount of child support a father will be required to pay.

Seeking Legal Advice

Getting in contact with a family law attorney is imperative for fathers seeking to gain visitation rights with his minor child(ren). A licensed family law practitioner in your state can walk you through the process and ensure that your rights are protected and assist you in getting the desired result.

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