Father Rights

Unmarried fathers’ rights and establishment of paternity

When a child is born to parents who are not married, the father is not the legal father of that child until paternity is established. Paternity can be established through a declaration of paternity or through a paternity test. When paternity is established, the father of the child has rights that include having his name added to the child’s birth certificate and seeking joint custody or timesharing with the child. A father may also be ordered to pay child support. A father may be awarded custody of the minor child and be entitled to receive child support from the mother. There are also circumstances in which the father is and always has been the Factor primary residential parent of a child. Without the establishment of paternity in these cases, the father and child may be at risk for the wrongful removal or the minor child. It is important to recognize that the establishment of paternity and support through the Department of Revenue, or another state agency does NOT address issues of visitation and custody. Unfortunately, the public has not been educated as to what process needs to be performed in order to enforce and establish father\’s rights.