Unmarried Womans Paternity Rights

An unmarried mother may seek to establish paternity of a putative father to secure financial support for her child. In order to establish this paternity there are steps she must take especially if she does not have the cooperation of the putative father.

What Is a Putative Father?

A putative father is a man presumed to be the father of a child though he was not married to the mother at the time of the child's birth and has not pursued legal paternity. As more children are born to unmarried parents, courts seek to establish the rights of all parties. Although a putative father basically has no legal rights to his child, he does retain the right of notification before the mother can terminate his parental rights through adoption or other proceedings. However, in some states he must register as the father within a certain time period or he loses his notification rights.

A putative father is not a presumptive father even if his name is on the birth certificate. He must legally establish his paternity if he wants a presumptive father's full rights.

Rights of the Unmarried Woman

It is well established that children thrive when two parents are involved in the childrearing. However, today's reality is that many children are raised in a one-parent home. Even if the child does not have the privilege of a father in his or her life, the child should not be financially penalized. An unmarried woman has to pick up the slack of the missing father in order to provide for her child. This responsibility often proves too financially onerous for just one parent. Society requires that parents not walk away from their financial duties. It is not so much a moral issue as it is an economic one. Unsupported mothers at times have to turn to the state for financial assistance and this cost is eventually passed on to taxpayers.

Before a woman can legally pursue financial support from a putative father, she must first establish his paternity. Once she does this, she then has the legal right to pursue him for child support. If the father contests the paternity, the unmarried mother can petition the court to force the father to submit to genetic testing. If this test confirms that the putative father is indeed the biological father of the child at issue, then he is legally obligated to provide financial support for that child. If the father resists in providing this support, the courts can enforce the father's obligation by threat of imprisonment and/or fines.

To request a paternity test, a mother should file the state-required documents and/or affidavits with the state's county clerk. The court will then review the petition and decides if there is enough information to pursue the civil action. If the petition meets the standard, the court will then order testing of the parents and child.

Benefits for the Child

Establishing the paternity of a child not only secures his or her financial support, but it also "fleshes out" the child's identity. It can initiate true involvement of a father in a child's life. It can also provide a full medical history for the child. Additionally, it legally gives that child certain benefits should the father die, including any social security benefits and inheritance rights.

Find an Attorney

If you are an unmarried woman pursuing paternity rights, the process may be much easier if you retain an attorney. An attorney will apprise you of the family laws in your state and will be able to guide you over the common hurdles in pursuing not only paternity but child support as well.

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