The number of children born to unwed parents continues to increase. In Wisconsin, about 36.8 percent of births were to unmarried women, according to statistics provided by the Centers for Disease Control and Prevention (CDC) as of 2022. Although parents may not be married, they both still have some rights afforded to them. An unmarried biological father will want to understand, establish, and protect his rights with help from an experienced attorney.
Establish Paternity
When parents are married, the husband is the presumed father and his name will be put on the child’s birth certificate. This is called marital acknowledgment. When parents are not married, the process is a bit more complicated. The mother will automatically have full physical custody of the baby. The father will need to establish paternity to get legal rights through the court. There are several ways to establish paternity.
- Voluntary paternity acknowledgment
- Court ruling
- Conclusive paternity based on genetic test results
Voluntary paternity acknowledgment must be approved by both the mother and father. If that isn’t possible, a father may provide proof of paternity to the court for a ruling by the judge. In some cases, the court will require DNA testing and will make a paternity ruling based on those results.
Establishing legal paternity protects the father’s rights as well as the rights of the child. Although the father and mother may agree now as to the way they will handle parenting, things can change later. Without establishing legal paternity, the father won’t be able to protect his rights. Paternity may be established at any time after the birth of the child and up until the child is 18 years old.
Father’s Rights
Regardless of marital status, a child’s biological father has the same rights as the biological mother once they prove paternity. There are two main types of custody including legal custody and physical custody. Very often, both parents share custody of their child. The father and mother generally both have legal custody of the child. This means that both parents can make important decisions on behalf of their child, such as those involving education, medical needs, and religion.
Before paternity is established, a single mother has sole custody of her child. Once paternity is legally established, a father may also have legal custody of their child. Often, a child resides with one parent, who is considered the primary custodian, and spends time with the other parent. This time is called visitation. Generally, unless a parent is deemed to be unfit, the child will be able to spend time with each parent. Once paternity is established, an unmarried father has the same rights as any other biological father and may request custody and visitation.
Paternity for unmarried fathers can be somewhat complicated. As a father, you want to spend time with your child and you need to make sure that the child’s mother will not be able to limit your access. An experienced attorney will help guide you through the process of establishing paternity and getting custody and visitation rights to your child. Call us today at Moen Sheehan Meyer, Ltd. at (608) 784-8310 or online to request a consultation.