Mothers Rights And Paternity Rights

If you are an unmarried father, you must establish paternity rights legally before you will be considered the legal father. When a child is born to an unwed mother, she can choose to give the child her last name or that of the father’s. A court can issue child support orders but this does not guarantee your paternity rights.

How to Legally Establish Paternity

There are several ways to establish paternity rights:

Marriage—The parents are married to each other at the time of the child’s birth
Affidavit Acknowledging Paternity—Both parents sign a legal document affirming that he is the father
Genetic Testing—A genetic test can be done proving that he is the biological father
Court Order—A family court judge can issue an order to have paternity established
Legitimation—The biological parents get married after the child is born and update the birth certificate

Even when unmarried parents are living together, the father cannot claim the child as his until there is a legal document showing he is the biological parent.

The Mother’s Rights

When an unmarried woman has a child, she is automatically given legal custody, unless there is a court order saying otherwise; i.e. cases of surrogacy or adoption. Women that have children without being married to the father may wish to establish paternity in order to secure financial support. She can name the individual whom she believes is the father, thereby being known as the “putative father”. If he is willing to voluntarily submit to a DNA test, the case can proceed. If he fails to appear in court or respond to the petition, the court can enter a default order declaring the legal father.

The Rights of the Biological Father

All fathers have the right to care for their children and enjoy being part of their life. Unfortunately, some women may not want the father’s involvement for fear of losing custody or some other reason. The family court system believes that all children should receive emotional and financial support from both of their parents. If you are fighting to establish paternity, you can submit a petition to the court requesting that DNA testing be done. Once the results are received, the family court will hold a hearing to consider the evidence. There are cases where the court may deny genetic testing. If the father did not pursue a claim of paternity for an extended length of time, the judge could deny the petition. However, if there is a good reason for the delay, such as the father did not know about the child, or was overseas serving his country, the court will take that into consideration.

How an Attorney Can Help

In some states, it is presumed that a man is the child’s father if he was married to the mother when the child was born. If you don’t wish to pay child support when you know the child is not yours, it may be time to seek legal counsel. An attorney will be able to help you prove your case, possibly saving you thousands of dollars.

Thinking About Divorce?