<p>State laws govern the rights enjoyed by unmarried fathers, so the extent or limitation of those rights may vary dramatically from state to state. Generally, unmarried fathers do not have the same rights as married couples or unwed mothers. Legal challenges by unmarried fathers seeking to increase their rights have resulted in decisions by the U.S. Supreme Court recognizing their constitutional right to notice if the child they fathered is placed for adoption.</p>
<p>The Plight of the Putative Father</p>
<p>Laws in almost 50 percent of the states create a presumption of legitimacy. A man is presumed to be the father when a child is born under the following circumstances:</p>
<ul>
<li>When a child is born to a married couple</li>
<li>When the father and the mother of the child agree to have him listed as the father on the child’s birth certificate</li>
<li>When the man acknowledges paternity of the child in a formal, written statement</li>
<li>When a court issues a paternity order</li>
</ul>
<p>Until an unmarried man meets the requirements of his state for establishing paternity, he is not entitled to any of the rights afforded to a father. Once paternity is established, a man has certain rights relating to custody, visitation, child support and parenting decisions.</p>
<p>Child Custody and Visitation</p>
<p>Once paternity is established, an unmarried man has the right to petition a court for custody of the child. Some states, such as Ohio, have moved away from traditional custody and visitation orders in which one parent is given custody while the other parent has visitation rights.</p>
<p>Ohio and some other states divide parenting time between the father and mother of the child in an effort to keep both parents involved in making parenting decisions. All decisions by a court regarding custody, shared parenting or visitation are always based upon the best interest of the child.</p>
<p>Child Support</p>
<p>Parents are responsible for the support of a child until the child reaches the age designated by the law in each state. New York, for instance, makes parents responsible for the support of their unemancipated children who are under 21 years of age. An unmarried father who has admitted paternity or had paternity established under the laws of his state is responsible for the support of his child.</p>
<p>Rights Related to Making Decisions</p>
<p>An unmarried father who is established to be the legal parent of a child has the right to participate in making decisions related to medical treatment, education, religion and other decisions usually associated with parenting. A court order may be obtained to enforce these rights.</p>
What Rights Does An Unmarried Father Have?
More On This Topic
Related
Featuring Black’s Law Dictionary
Disclaimer
Disclaimer
Nothing implied or stated on this page should be construed to be legal, tax, or professional advice. The Law Dictionary is not a law firm and this page should not be interpreted as creating an attorney-client or legal adviser relationship. For questions regarding your specific situation, please consult a qualified attorney.
Recent Articles
- Is Giuliani Facing Being Disbarred?
- Biden’s Newly-Threatened Impeachment… Wait, What?
- Trump Refusing To Pay Lawyer Rudy Giuliani
- Trump Is – Officially – The First President To Be Impeached Twice
- Trump Plans To Run 2024, But Can He Pardon Himself?
- Will Trump Get Indicted Or Impeached (Round 2)
- What Happened At Capitol Hill: A Blow-By-Blow
- Why People Marched On Capitol Hill: A Blow-By-Blow
- Suing Your Landlord: How, When, Why, & Should You Bother?
- Drug Decriminalization Laws Setup For Rehaul Throughout US
Popular Posts
- Best Way to Find Someone in Jail for Free
- What Is A Police Welfare Check?
- How Do You Look up License Plate Numbers?
- Best Way To Run A Free Arrest Warrant Check
- Signing a Letter on Someone Else’s Behalf
- Best Way to Write a Professional Letter to a Judge
- How To Find A Name & Address Using A License Plate Number
- How To Find An Inmate’s Release Date
- How to Transfer a Car Title When The Owner Is Deceased
- What Rights Do Convicted Felons Lose?
Comments are closed.