Parents have certain rights under the law, as well as responsibilities to their children. Some parents automatically enjoy parental rights and responsibilities. Mothers who give birth and married fathers generally have protection as parents acknowledged by the state.
Unmarried fathers may need to take steps to establish their paternity or parentage. Establishing paternity may involve executing documents voluntarily with the mother or requesting genetic testing from the courts to affirm a man’s parentage.
Depending on the option pursued, establishing parentage can be relatively fast or a lengthy, contentious process. What benefits can help make the legal process of establishing paternity a worthwhile undertaking for unmarried fathers?
1. The right to visitation and custody
The family courts have the authority to order parents to share time with their children. They can even require that parents cooperate when making major decisions about their children.
Typically, only those acknowledged by the state have the right to request visitation or the establishment of a shared custody order. Men who validate their parents can initiate custody proceedings to secure access to their children.
2. Legal protection for the children
Fathers aren’t the only ones who benefit from formally establishing parentage. Their children also derive benefits from their efforts.
Once the state has amended a child’s birth certificate to reflect the identity of their father, the child then has the right to inherit from their father’s estate, even if they die without a will. The child may also be eligible for certain benefits, such as health insurance that a father secures through his employment or military service.
3. Emotional benefits for both parties
Fathers may feel insecure in their relationships with their children when the state does not acknowledge them. Similarly, children may have an uncertain sense of self or may feel unclear about their family history when they do not have a legal relationship with their fathers.
Establishing parentage provides insight into family medical history and cultural connections. Both fathers and their children may find that the act of establishing parentage strengthens their connection to one another and to the family unit as a whole.
Even if establishing parentage requires litigation, pursuing parental rights and responsibilities is typically beneficial. Fathers may need help understanding how to establish parentage and asserting their parental rights after the state acknowledges them.