Unmarried Fathers Rights to Child Custody
Unmarried fathers right to child custody are a source of concern and worry to fathers in child custody disputes.
In a report published by USA Today, the government estimates that just over 4 out of every 10 children are born out of wedlock. What is interesting is that many of these 44% of children born outside of marriage are not occurring as a result of teen pregnancies and often occur between committed partners who live together but have not legally tied the knot.
One of the problems that can arise in this situation is that the lack of the formality of marriage can pose complicated circumstances should the happy duo decide to plan split for any reason. More specifically, the unmarried father’s rights to child custody could be ‘less than desirable.’ Here’s why.
In many states across the US, unmarried fathers do not automatically have rights to child custody or visitation even if their name is clearly displayed on the birth certificate. In an amicable child birth situation between partners, many dads are unknowingly ‘giving up their rights’ so to speak by remaining unmarried and about half of the states in the US require paternity testing to be complete BEFORE child custody can be shared or demanded by a father.
Many unwed parents have informal agreements in place prior to the birth; or work on the basis of a mutual understandings rather than legal documents that are set in stone. The problem is that these informal and often verbal only agreements are privy to the willingness of either parent to carry them out and many dads find that a nasty break-up or parting of ways steals away time spent with their children.
When this occurs, the court system and a legal team must intercede so that paternity can be proven and rights be granted properly through the judicial system. This can take a lot of time.
The unmarried father’s rights, child custody and father’s rights in child support are not clear cut issues that can be solved in a few days time, especially if the mother of the child has not listed the dad on the birth certificate or is denying paternity. Still, legal teams caution unmarried fathers to not act out of anger, spite or hostility when forced into this uncomfortable and emotional situation.
In fact, they encourage fathers to make legal attempts for visitation as often as possible, to remain financially supportive and keep records of such support as well as document all communications that they have with the mother in regard to the child in question.
Depending on where you live, there may be no real way to safeguard your paternity rights should you and the mother have a fierce split or simple change of heart. Many lawyers recommend that unmarried fathers seek to prove paternity using qualified DNA testing as soon as a child is born. It is also advised that the father request to have their name put on the birth certificate and actively take part in the birth and care postpartum as much as possible.
Good faith and proven intent can work on the side of unmarried father’s rights to child custody expediting the process of visitation and shortening the emotional windfall that can result from being an unwed father.
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Filed under Child Custody Help For Fathers by Terry
