Establishing paternity is just the first step for unmarried fathers—understanding what rights follow is equally important. Once paternity is legally established, fathers gain rights to custody, visitation, and involvement in their child's life. Knowing these rights helps fathers build and protect their relationships with their children.
What Paternity Establishes
Legal paternity creates the parent-child relationship between father and child. This gives fathers the legal standing to seek custody and visitation. Without established paternity, unmarried fathers have no automatic rights—the mother has sole custody and decision-making authority.
Paternity also creates obligations—primarily child support. Rights and responsibilities come together.
Custody Rights
Fathers with established paternity have the same custody rights as mothers. Courts cannot favor mothers simply because of gender—decisions must be based on the child's best interests. Fathers can seek sole custody, joint custody, or primary custody depending on circumstances.
Legal custody involves making major decisions about the child's education, healthcare, and religion. Physical custody concerns where the child lives. Courts often award joint legal custody while giving one parent primary physical custody.
Visitation Rights
If the mother has primary custody, fathers typically receive visitation or parenting time. Visitation schedules vary widely—from every other weekend to nearly equal time-sharing.
Courts create visitation orders based on the child's age and needs, each parent's work schedule, the parents' geographic proximity, the existing parent-child relationship, and the child's school and activities.
Seeking Custody or Visitation
To establish custody or visitation rights, fathers must petition the court. File in family court where the child resides. Include your paternity documentation and a proposed custody/visitation arrangement.
Courts may order mediation before hearings. If parents can't agree, judges decide based on the child's best interests.
Best Interests Factors
Courts consider many factors when determining custody, including each parent's relationship with the child, the child's adjustment to home, school, and community, the child's wishes (depending on age), each parent's mental and physical health, any history of domestic violence or abuse, and each parent's ability to support the child's relationship with the other parent.
The most important factor is usually which arrangement best serves the child's wellbeing.
Unmarried Fathers vs. Married Fathers
Once paternity is established, unmarried fathers have the same legal rights as married fathers. The key difference is timing—married fathers automatically have paternity presumed; unmarried fathers must establish it first.
Some courts historically showed bias favoring mothers, but legal standards now require gender-neutral analysis.
Decision-Making Rights
Parents with legal custody participate in major decisions about the child. Joint legal custody means both parents must agree on significant matters. If parents can't agree, courts resolve disputes—though judges prefer parents work together.
Day-to-day decisions are typically made by whoever has the child at the time.
Relocation Issues
If the custodial parent wants to move away with the child, fathers have the right to object and request a court hearing. Courts evaluate whether relocation serves the child's best interests, considering the move's purpose, impact on father-child relationship, and alternatives.
Many states require advance notice before relocating with a child.
Modifying Custody Orders
Custody orders can be modified when circumstances substantially change. If your situation improves or the child's needs change, you can petition for more time. Courts require showing changed circumstances and that modification serves the child's best interests.
Child Support Obligations
Rights come with responsibilities. Fathers are obligated to pay child support based on income and custody arrangement. Support is calculated using state guidelines. Fathers with more parenting time may owe less support because they're directly providing for the child during their time.
Getting Legal Help
Family law attorneys help fathers assert their parental rights. They guide you through custody petitions, represent you in court, and ensure your relationship with your child is protected. An attorney is especially important if the mother opposes your involvement.