Some people benefit from an automatic presumption of parental rights. Mothers and married fathers typically have a right to shared custody or time-sharing after the end of a relationship. They can immediately work to negotiate arrangements with the other parent or ask the courts for support if they can’t agree on parenting terms.
Unmarried fathers sometimes have questions about their rights. They may feel uncertain about whether they can request time-sharing and decision-making authority. They may assume that they have to obtain permission from the mother of their children to secure shared custody.
While the cooperation of the children’s mother is helpful for an unmarried dad who wants to stay involved with his children, it is not always necessary for unmarried fathers to secure time-sharing rights. Instead, what they need to do is establish paternity and ask the courts to grant them parental rights and responsibilities.
How did fathers legally establish paternity?
Many unmarried fathers may have already established paternity. They can fill out voluntary paperwork with the mothers of their children at the hospital or birth center. Those documents result in the state acknowledging the man’s paternity and including his name on the birth certificate. In such cases, fathers can ask for time-sharing without any extra steps when they break up with the mothers of their children.
Fathers can also work with the mothers of their children at any point while they are still minors to establish paternity through cooperative voluntary paperwork. After the parents submit the paperwork to the state, the state can add the father’s name to the birth certificate. He can then ask for shared parental rights.
In scenarios where mothers do not want to acknowledge the fathers of their children, it may be necessary to ask the state for assistance. The courts can order paternity testing that can help a man affirm his genetic relationship with a child. Once a man has established paternity, he can then go to court and ask for time-sharing, along with other parental rights and responsibilities.
Establishing paternity is the first step towards securing shared custody or possibly even sole custody in unusual scenarios. Fathers who understand their rights can take appropriate steps to assert themselves and preserve their connection to their children.