Recognition of Father's Rights for the Unmarried
Since the 1960s, there has been an increasing number of children born to unwed parents. This has caused an increased look at the fathers of these children, father's rights, and the role men play in raising their children.
There was a time, in the not so distant past, when unwed fathers had very few rights compared to their married counterparts. Changes happened when the Supreme Court declared the rights of unwed fathers through several court cases in the 1970s and early 80s.
In 23 states, including California, the presumption is that a man is a child's father if he meets any of the following conditions:
- If the child was born during a marriage between the man and the mother, or shortly after the marriage ended.
- If the man and mother attempted to wed before the child's birth.
- If he was voluntarily listed as the father on the birth certificate.
- If, in writing, he acknowledges his fatherhood.
- If obligated, through voluntary agreement or court order, to pay child support.
Additionally,
- 21 states, including California, a man can file an affidavit with the court acknowledging fatherhood to establish paternity.
- 20 states, including California, allow the courts to use genetic testing to establish paternity.
- 11 states, including California, courts can nullify paternity using genetic testing.
As an unwed father, there are many important reasons for establishing your rights.
- Family Planning — Decisions about family planning, adoption, and raising a child affect both parents.
- Parental Leave — A child benefits when both parents take time off to bond with a new child.
- Child Custody — Fathers not only have a right to seek visitation, but have an equal right to seek custody.
- Parenting Time — The court protects parenting time agreements, defining custody and visitation, and there are potentially harsh penalties when violations are malicious and purposeful.
Contact us for more information, or if you need help establishing or protecting fathers' rights.