Fathers responding to a divorce filing or choosing to end a marriage know that they can ask for custody. Finding ways to share parental rights and responsibilities is a standard component of most divorces involving minor children.
Things become less clear in scenarios where parents did not enter a legal marriage with one another. Unmarried fathers often assume that they have fewer rights than married fathers. They may even think that the mother of their child has the right to decide whether or not they spend time with their child.
Do unmarried fathers in Washington have a right to request shared parenting time and decision-making authority?
Unmarried fathers have legal protection
Contrary to what people often assume, unmarried fathers do have rights under Washington state law. Fathers can theoretically ask for an even share of parenting time or a reasonable allocation of parental rights and responsibilities regardless of their marital status.
However, many fathers who did not marry the mothers of their children may need to take an extra step before they can ask the courts to grant them custody. They must first establish parentage.
What is legal parentage?
Also known as paternity, parentage is the legal relationship between a father and his children. To make full use of parental rights and responsibilities, men must first establish parentage. Many unmarried fathers established parentage shortly after the birth of their children. They sign paperwork with the mothers of their children to have their names included on the birth certificate.
If they do not fill out paperwork at the hospital, they can fill out voluntary paternity paperwork with the mother while their child is still a minor. If the mother does not wish to acknowledge the man or cooperate in the parentage process, he may be able to take the matter to court. The courts can order genetic testing that helps affirm his genetic relationship with the child.
Learning more about the rules that apply in different family circumstances can help men assert their rights and show up for their children. The state needs to recognize a father for him to ask for his rights in family court. Establishing parentage is a crucial step for unmarried fathers who want shared custody.