Unmarried fathers do not automatically have legal rights related to their children. They must first establish paternity. Some men do so immediately at the time of a child’s birth, but that is not always a reasonable option.
Parents concerned about custody matters may need information about paternity and its implications for the family. The three considerations below are important for unmarried parents.
1. How to establish paternity
There are generally two methods of officially establishing paternity in Missouri. The first involves cooperation between the parents. They fill out affidavit paperwork together and submit it to the state.
Otherwise, genetic testing is usually necessary. Either parent can ask the courts to order DNA testing to establish affirmatively whether a man is the father of a child or not.
2. The rights and responsibilities involved
A man has to establish paternity if he wants to seek shared custody or possibly even sole custody of a child. Until he officially establishes paternity, any interactions he has with the child depend primarily on the goodwill of the mother.
After establishing paternity, a father can petition the courts to establish a custody order that allocates parenting time and decision-making authority. He may also have a responsibility to pay child support depending on financial circumstances and the overall division of parenting time.
3. The benefits of establishing paternity
Paternity obviously helps strengthen a man’s relationship with his children. It also gives him the ability to step up and spend time with his children regardless of the state of his relationship with the mother.
Establishing paternity is particularly beneficial for the children. They gain better insight into their family’s medical history and cultural background. They also have the right to receive health insurance through their father’s employment. Should their father die, they have a right to inherit from his estate and may also be eligible for Social Security benefits.
Making the effort to establish paternity can be a valuable decision for an unmarried father. The team at Albano, Richart, Welch & Bajackson has experience since 1965 assisting in complex family law matters in a compassionate manner that benefits the community. Reaching out can help fathers begin the process of establishing paternity and asserting their parental rights.