What Rights Does Paternity Give A Father?

Establishing paternity is a pivotal legal step that grants a father various rights and responsibilities concerning his child. Understanding these rights is essential for fathers seeking to be actively involved in their children’s lives.

Establishing paternity is an important step in granting a father various rights and responsibilities concerning his child.

Understanding Paternity and Its Importance

Paternity refers to the legal recognition of a man as the father of a child. Establishing paternity is significant for several reasons:

Legal Rights and Responsibilities: It allows fathers to seek custody or visitation rights. It also obligates them to provide child support to the mother.

Access to Benefits: Children can gain eligibility for benefits such as Social Security, health insurance, and inheritance from their father.

Medical History: Gaining additional insights into a child’s lineage can give them an idea of what medical conditions they may be at risk for, if the father’s medical history can be disclosed.

Emotional Bonding: Legal recognition can strengthen the father-child relationship.

In Texas, if parents are married, the law automatically presumes the husband is the father of the child. For unmarried parents, the father must take specific actions to establish paternity, such as signing an Acknowledgment of Paternity (AOP) or undergoing a court-ordered paternity test. Without these steps, the father has no legal connection to the child.¹

How Is Paternity Established?

Fathers can establish paternity through various legal avenues:

Voluntary Acknowledgment: Both parents can sign a voluntary acknowledgment of paternity form, often at the hospital after birth. This is the most common way to establish paternity.²

Court Order: If paternity is disputed, either parent can petition the court to establish paternity, which may involve genetic testing.³

Marriage: In many jurisdictions, a man is presumed to be the father if he is married to the mother at the time of the child’s birth.

Once paternity is established, fathers can pursue custody, visitation, and are responsible for child support.

Custody and Visitation Rights

Establishing paternity grants fathers the right to seek custody and visitation:

Legal Custody: The right to make significant decisions about the child’s life, including education, healthcare, and religious upbringing.

Physical Custody: Determines where the child lives. Fathers can seek joint or sole physical custody.

Visitation Rights: If the father does not have physical custody, he may be granted visitation rights to maintain a relationship with the child.

Courts base custody decisions on the child’s best interests, considering factors like the child’s age, health, emotional ties with each parent, and each parent’s ability to care for the child.⁴

Unmarried fathers who wish to assert their rights often face challenges along the way. The legal process can be complex and emotionally taxing, requiring the assistance of family law attorneys. It’s important for fathers to be proactive in establishing and maintaining a relationship with their child from the start, as consistent involvement can strengthen their case for custody and visitation.⁵

Decision-Making Authority

With legal custody, fathers have the authority to make decisions regarding:

Education: Choosing schools and educational programs.

Healthcare: Making medical decisions and accessing health records.

Religious Upbringing: Deciding on the child’s religious education and practices.

Shared legal custody requires both parents to collaborate on these decisions as “co-parents”.

Child Support Obligations

Establishing paternity also imposes financial responsibilities:

Child Support: Fathers are legally obligated to contribute financially to their child’s upbringing. The amount is typically determined by state guidelines, considering factors like income and custody arrangements.⁶

Healthcare Coverage: Fathers may be required to provide health insurance for the child.

Additional Expenses: Courts may order fathers to contribute to other costs, such as education, childcare, and extracurricular activities.

Enforcement mechanisms can include wage garnishment, tax refund interception, and driver’s license suspension for non-payment.⁷

Access to Benefits and Inheritance

Once paternity is established, children gain access to various benefits through their father:

Social Security Benefits: Eligibility for survivor or dependent benefits if the father is deceased or disabled.

Veterans’ Benefits: Access to benefits if the father is a veteran.

Inheritance Rights: Legal right to inherit from the father’s estate in the absence of a will.

Health Insurance: Coverage under the father’s health insurance plan.

Establishing paternity brings significant benefits to the child. Financial support from the father ensures the child has access to essential resources, including healthcare and education. Additionally, the child gains the right to inherit from the father and access benefits like Social Security or health insurance. Knowing both parents helps the child develop a complete sense of identity and family connections.⁸

Paternity Leave and Workplace Rights

Fathers may be entitled to paternity leave, allowing them to bond with their newborn and support the mother:

Family and Medical Leave Act (FMLA): Provides eligible employees with up to 12 weeks of unpaid leave for the birth or adoption of a child.

State Laws: Some states offer paid family leave programs. For example, California, New Jersey, and New York provide paid paternity leave under state laws.

Employer Policies: Some employers offer paid paternity leave as part of their benefits package. The military gives fathers 12 weeks of paid paternity leave following the birth of their child.

It’s essential for fathers to check both state laws and employer policies to understand their paternity leave rights.

Legal Protections and Advocacy

Fathers have legal avenues to protect their rights:

Putative Father Registries: Unmarried fathers can register to receive notice of adoption proceedings, allowing them to assert their parental rights.

Legal Representation: Fathers can seek legal counsel to navigate paternity, custody, and support issues.

Advocacy Groups: Organizations exist to support fathers’ rights and provide resources for legal challenges.

Fathers’ rights groups in the U.S. serve to ensure that fathers maintain active roles in their children’s lives, especially during and after divorce proceedings. Organizations like the Children’s Rights Council, the National Parents’ Organization, Dads Divorce, Dads America, the Fathers’ Rights Movement, the Fathers’ Rights Network, and Fathers 4 Kids provide resources, support, and advocacy for fathers seeking custody or greater involvement in their children’s lives.⁹

Conclusion

Establishing paternity is a foundational step for fathers to secure their rights and responsibilities toward their children. It opens the door to active participation in the child’s life, from custody and decision-making to financial support and emotional bonding. Understanding and exercising these rights not only benefits the father but also promotes the child’s well-being and development.