Unmarried fathers may encounter paternity challenges that married fathers don’t have to address. Thankfully, the law has ways of recognizing a biological father-child relationship regardless of whether someone becomes a father within or without a marital relationship with a child’s mother.
Nonetheless, there are processes that an unmarried father may have to follow to unravel the paternity of their child before establishing a father-child bond with them. Familiarizing themselves with the legal process of establishing paternity can empower unmarried fathers to fight for their parental rights and responsibilities.
Why establishing paternity is crucial
For unmarried fathers, establishing paternity is key to securing their parental rights and responsibility to help ensure that:
- They can explore parenting time or a suitable custody arrangement
- They can make important decisions that affect their child’s upbringing
- The child can access their father’s medical history
- The child can become a legitimate heir to their father’s estate
- The child can be added to their father’s social security
Establishing paternity can be as straightforward as both parents amicably signing a voluntary paternity affidavit. Suppose this didn’t happen when the child was born; the parents can still do it at a later date at a local health department. Once this document is signed, the unmarried father’s name is added to the child’s birth certificate. This secures the father’s legal rights and responsibilities towards the child.
However, if the mother disagrees with paternity, the father can file a petition in family court to establish paternity. Following a court order, the unmarried father and the child in question have to go through genetic testing to determine if they’re biologically related. If the results confirm paternity, the court will issue a legally binding ruling that grants the father parental rights and responsibilities.
In cases where an unmarried father denies parental responsibilities, the mother can use an administrative order to incentivize child support payments. The unmarried father will be obligated to financially support their child if a genetic test confirms their biological relationship with the child.
Parenthood can look different for unmarried fathers if their name doesn’t appear on their child’s birth certificate. But with legal guidance, fathers who want to establish a bond with their children can determine paternity and work to secure their parental rights and responsibilities.
