When a child is born to a married couple, the husband is assumed to be the father, unless one of the spouses succeeds in disputing paternity. However, when children are born out of wedlock, matters become more complicated for fathers who want to enforce their parental rights. In many cases, seeking custody or visitation rights may require an attorney to guide you through the process. The following guide outlines your rights and responsibilities as an unmarried father.

Options for Establishing Paternity

Affidavit

In most states, the mother is assumed to be the biological parent of any child born out of wedlock, whereas paternity must be positively established by acknowledgment or through a court action. Hospital staffers typically give new parents a paternity acknowledgment affidavit before they leave the hospital, but it can also be signed and submitted later. Once this document is signed, you’ll have all the rights and responsibilities of a legal parent.

Court Action

If the birth mother refuses to cooperate or disputes paternity, then you may petition the court for a paternity test. If the test is positive, then the court will issue an order establishing you as the child’s father, after which you and the child’s mother can work with attorneys to develop a parenting plan and a residential schedule.

Obligations of Unmarried Fathers

Along with parental rights—like visitation, making decisions about the child’s health and education, and passing on property as an inheritance—unmarried fathers who have established paternity also have to fulfill legal obligations toward their children. For instance, children have the right to enjoy the financial resources of both parents, so you will most likely be required to pay child support unless you gain primary custody. Noncustodial fathers also need to demonstrate their commitment to being an active and involved parent.

Establishing parental rights for unmarried parents can be complex, but the attorneys at Penoyar Law Offices in South Bend, WA, have the legal expertise to guide you through. Their team has over a century of combined legal experience and a reputation for providing effective, compassionate representation. For more legal tips and insight, follow the law firm on Facebook, and visit their website for information about their family law services. To schedule a consultation with an attorney, call (360) 875-5321 today.