Did you know that in the UK, and some states in the US, unmarried fathers do not automatically have legal rights to their children until legal paternity has been established?
This may come as a surprise to some, and so we have compiled this mini guide. It looks at how fathers can establish their rights, giving themselves the same scope to seek custody, visitation and decision-making responsibility as married fathers.
Voluntary acknowledgment of paternity
Signing the child’s birth certificate or a legal form at the hospital establishes paternity. This formal acknowledgement of paternity is often sufficient to establish a father’s legal rights to his child.
Court order
If a mother has disputed paternity or refuses to cooperate, a court can order a DNA test. The result is often enough evidence for the man to be formally declared as the child’s father.
Parental Responsibility Agreements
In England and Wales, an unmarried father can gain parental responsibility by signing a Parental Responsibility Agreement (PRA).
A PRA is a formal document that gives a father legal parental responsibility for a child, with the mother’s consent. The agreement, which can also be used by step-parents, must be signed by all holders of parental responsibility and filed with the Family Court.
Special rights and responsibilities
Establishing paternity is the first step for an unmarried father to gain rights to his children. Once legal paternity is in place, an unmarried father may apply for the following:
Custody and visitation
Fathers can seek child arrangements orders covering where the child lives and how much time they spend with each parent. The courts will be guided by the overriding principle of the best interests of the child.
Decision-making authority
With legal fatherhood established, there is potential for involvement in major decisions about a child’s upbringing, education and medical treatment.
Financial support
Fathers have a legal duty to provide financial support, regardless of whether they are estranged from the child’s mother.
Ultimately, without establishing legal paternity, a father may have no legal rights over his child. At Bennett Smith we offer expert advice on family law in North Wales. Rely on us for clear guidance, helping fathers to establish parental responsibility and protect their relationship with their children. Call the team today on 01248 679 000.
