Biological fathers have a right to establish child custody and visitation with their children, regardless of whether they were married when the child was born. This means that every father has the right to ask the court for legal and physical custody rights of their child.
Physical custody may include:
- Sole Custody (one parent having physical custody all of the time)
- Primary Custody (one parent having physical custody for the majority of the time)
- Partial Custody (one parent having physical custody for the minority of the time)
- Shared Custody (a 50/50 arrangement)
However, if the couple was not married at the time the child was born, then fathers must first establish paternity in order to obtain father’s rights. Depending on the circumstances, this could involve signing and filing an acknowledgement of paternity with the relevant agency at the time of birth or at a later time. However, not every situation is the same, and other fathers may find themselves disputing paternity and undergoing DNA testing ordered by the Court.
Once paternity is established, child custody and visitationcan be discussed. When parents cannot agree to a visitation schedule, either parent can petition the court for assistance. Generally, courts presume a child would benefit from having both parents play an active role in their upbringing and therefore try to ensure that Fathers are not left out of the equation.