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Unmarried Fathers Rights Of Access To Children

Unmarried fathers often face challenges in the family courts seeking visitation rights and/or right on the custody of the child. They usually have an up-hill battle when it comes to obtaining visitation rights, because the law does not allow them an automatic right to spend time with the child. In fact an unmarried father has no legal rights at all in respect of his child.

Even if the father’s name is listed on the Register of Births it still does not alter his status. The fact it is entered merely determines the paternity of the child. Joint guardianship rights can be obtained, but at the mother’s discretion and subject to her agreement. In such a case, both sign a statutory declaration of joint guardianship which gives the father a better footing on access.

The law is very clear and unambiguous about child support in the case of an unmarried father, but the same attention does not extend to his visiting rights. An unmarried father’s situation is different from that of a father who was married but is now divorced or in the process of seeking a divorce. A divorced or separated father’s rights are clearly defined.

The rights of unmarried fathers to gain access to their children are normally established after paternity is determined. When the children are born out of wedlock, paternity may be established if the father voluntarily signs a declaration stating that he is the biological father or if they go through the court by filing a paternity action. However, the agreement may be amended or terminated in certain instances.

More Articles :

• Does Unwed Father On Birth Certificate Have Rights ?
• Fathers Having Equal Rights As Mothers
• Fathers Rights In Child Support
• Fathers Rights Related To Abortion
• Rights Of A Unmarried Father
• Single Fathers And Parental Rights
• Unmarried Fathers Rights In California
• Unmarried Fathers Rights Of Access To Children
• Visitation Of Fathers And Rights

 

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