In some situations, shared custody is essentially automatic. When married parents begin preparing for divorce, they typically have to negotiate terms for sharing their parental rights and responsibilities.
Unmarried couples may find themselves facing similar challenges but with less certainty about the process. Unmarried fathers, in particular, often feel unsure of their rights. They may worry about whether they have the option of fully-shared custody or at least regular visitation.
How can unmarried fathers make use of their rights and stay actively involved with their children?
Shared custody requires established paternity
For a father to secure sole or shared custody, the state must acknowledge him. Married men automatically gain paternity when their wives have children. Unmarried fathers have to file paperwork with the state or go to court to establish paternity.
If the mother and father agree about the need to establish paternity, they can jointly execute an Acknowledgment of Paternity and have the man’s name added to the child’s birth certificate. If the mother does not agree to acknowledge the father or there have been questions about paternity, then going to court might be necessary.
The courts can order genetic testing, which can help validate a man’s parentage of the child. Once either paperwork or paternity testing confirms a man’s parentage, he can then ask the courts for the same parental rights and responsibilities allocated to any other parent, including mothers and married fathers.
Taking appropriate steps to establish paternity can help fathers make use of their parental rights and preserve their relationships with their children even when other family relationships change. Fathers facing complicated custody and paternity cases may benefit from securing support as they navigate the family law system.