What Rights Do Unwed Parents Have?

According to recent statistics, the percentage of births to unmarried women in the United States is currently around 41 percent. Given this rise in nontraditional families, it’s important to understand what each parent’s legal rights and responsibilities are when it comes to issues like custody and visitation, child support, making decisions on the child’s behalf, and inheritance rights. The following is an overview of how the law views the rights of unwed parents.

Child Custody and Visitation

When a child is born out of wedlock, the mother automatically gets custody. If the mother does not wish the alleged father to see the child, he does not have any legal rights to visit or be part of the child’s life until his paternity has been proven. However, if the father can establish paternity, he has equal rights when developing a joint custody plan, visitation rights, fighting for sole custody, and making important decisions about the child’s housing, school, healthcare, etc.

Child Support

In the same way that a reputed father does not have legal rights to custody and visitation without proven paternity, he also does not have the legal responsibility to provide child support. If the couple never married, the mother must prove the biological paternity of the alleged father, either through admission (where both parents agree) or testing, in order to be legally awarded child support payments, which help cover various costs for the child like food, clothing, medical costs, school supplies, housing, etc. Paternity must be legally established in order for the child to be included under the father’s healthcare insurance coverage as well.

Inheritance Rights

Although inheritance laws vary across the country, in general, a child is only eligible to receive an inheritance if the child’s parentage has been legally established. It is usually in the child’s best interests to go through the process of establishing paternity before this becomes an issue.

How to Establish Paternity

There are a few avenues you can take if you need to establish paternity. 

Voluntary Declaration of Paternity

The unmarried parents of a child can sign a form when the child is born that designates both signees as the legal parents. Forms are available from child support agencies (more on that below), a family law attorney (like the group at Lonich Patton Ehrlich Policastri, or LPEP Law), a welfare office, or the registrar of births. Official voluntary declarations of paternity hold the same weight as a court-ordered form.

The Family Court System

In cases where paternity is disputed, some unwed parents choose to go through the court system. The child’s mother, father, their representatives, a custody agency, or other family members can file the various forms necessary to request to establish paternity. Once the forms are filed, a judge will hold a trial to help decide issues of child support and custody and visitation rights. Since this process can be somewhat complicated, it’s best to work with an experienced attorney. 

Child Support Agency

Every state has what is known as child support agencies that provide services at the county and regional level for families who might not have the money to pursue a court case. Either the mother or the father can request action. If genetic testing is required to prove paternity, the child support agency will help in this process free of charge.

Talk to LPEP’s Family Law Experts Today

When establishing paternity is essential to protecting your child or your rights, it helps to have a team on your side. LPEP Law specializes in family law, including paternity cases. We can guide you through the process and make sure you get the help you need. Call us today at 408-553-0801 to schedule a free, 30-minute consultation. 

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.