Was This Article Helpful
We hope you enjoyed this article on a father’s rights with a child born out of wedlock. If you are a father who has a case or may need to commence the case in the Southern California courts we handle, please contact us for an affordable strategy session.
This article is not legal advice and is not intended to apply to your specific situation. Please have a private consultation with an attorney if you have questions about your specific case.
Don’t Lie About The Child’s Father
In states where the mother can state the name of the father even if he is not present, some women are tempted to write down a name other than the actual father’s on the birth information form. This is most common when the mother no longer sees the biological father and is involved with someone whom she would prefer to have raise the child or who is financially better able to do so. Identifying a man as the baby’s father when that man is not actually the father is a terrible idea. An unmarried couple’s current relationship may not last forever and complicated legal questions of paternity and support can grow from listing the wrong person as the father of a child. In a well-known case ), the mother of Baby Jessica lied on her baby’s birth certificate, saying that the father was her new boyfriend, and did not tell her ex-boyfriend that she had given birth to their child. When the mother and her new boyfriend gave the baby up for adoption, the ex-boyfriend found out and wanted to step in and reclaim Baby Jessica. A long legal battle ensued between the new adoptive parents and the biological parents, with Baby Jessica caught in the middle . To avoid such potential problems, it is always best to accurately state who the biological father is.
Focus On The Best Interest Of The Child
Since you wont be citing any assumed biases against fathers in your case for custody, you can redirect that energy into building a case based on how your child will thrive in your care. An important component of this is the quality bonding time a father is able to spend with the child. Your child should be comfortable and happy to spend time with you he or she should feel safe in your care and trust that any needs will be met. The environment a father creates for his child should be age-appropriate and encourage growth, education, and development. A father should also work hard to ensure the childs relationship with the mother isnt negatively impacted by his care. Consistency is important, too. Ensuring that the child has some routine and knows what to expect in daily life can help during this adjustment period.
You May Like: What To Do When Your Newborn Has Gas
What Are The Chances Of A Father Getting Full Custody
If you are wondering what the chances of a father gaining full custody of his children are, keep reading to learn more about a fathers custody rights!
It seems so hopeless as a single father to get full custody of my kids. Do I have the same parental rights as their mother? Am I going into this at a disadvantage, or do I have to go to court? These are real questions single dads across the U.S. are asking. Before you give up on getting full custody of your kids, here are the answers single dads need to know.
How Fathers Can Get Full Custody Of Their Kids
Historically, child custody was viewed as something parents who are divorced could not share. As a result, the courts adhered to “the rule of one” during custodial hearings, which is the idea that child custody must go to one parent in divorce while the other parent is only an infrequent visitor.
Both fathers and mothers have been granted custody by courts based on gender-related beliefs in different times of history. In the 1800s, a family law principle called the tender year’s doctrine began. It was a strongly held notion that young children should go to the mother in a divorce because the courts assumed they were the most capable, compassionate parents.
Under this assumptionabsent extreme evidence of the mothers unfitnessyoung children never went to the father instead of the mother.
Many people feel society devalues fathers as parents and that these sentiments impact how custody decisions are made. In the U.S., there is controversy surrounding granting fathers paternity leave, which reflects the fact that gendered notions about fatherhood are still well-entrenched in our culture. Fathers pursuing custody over the mother may have to overcome popular engrained ideas that fathers lack parenting qualities that courts implicitly or explicitly assume the mother has. But there are many aspects to consider when, particularly, a father is seeking sole custody.
Don’t Miss: What Causes Breathing Problems In Newborn Babies
Contact A Family Law Attorney For Help
If you find yourself in a situation in which it is truly not in the best interest of your child to share partial custody with the mother, it may be possible to build a case to demonstrate that the mother is unfit.
The state of Georgia in particular has a low percentage of fathers with full custody. If full custody is your goal, its essential to procure the aid of a family law attorney to build a strong case for the best interests of your child.
How Can A Father Get Full Custody Of His Child After The Custody Judgment
Just because the Family Court did not award full custody in a judgment does not preclude the father from seeking a modification.
The court has the power to award full custody to any parent after the judgment. For a complete modification of custody, that burden of proof is often a significant change of circumstances.
That means the father must show there has been a significant change of circumstances. That change justifies the modification since the last court order.
Also Check: How Often To Check Newborn Diaper
What Rights Do Unmarried Fathers Have Post
Many unmarried fathers can, understandably, become confused or frustrated when it comes to the rights they have in relation to their children and family law conflicts. This is often because the law is clearer in peoples minds when it comes to fathers in marriages than it is in relation to unmarried fathers.
Often fathers assume that they have an automatic right to parental responsibility of their biological child. While all children have a right to have a relationship with their father in the UK, the law may not always be that clear cut when it comes to unmarried couples. That is because unmarried fathers often have different rights to the mother . This is often particularly true if a couple remain unmarried and then later decide to part ways.
The law in the UK is clear that the biological mother automatically has parental responsibility over the child. However, a biological father that is not married to the childs mother only inherits parental responsibility in one of few circumstances. Parental responsibility is what gives a parent responsibilities and rights for that child. Without parental responsibility, fathers can have less rights when it comes to their child.
Unmarried fathers can however obtain parental responsibility over their child if:
What Is A Child Arrangement Order
This essentially sets out who the child or children will live with and when and how the child will have contact with their other parent. It is possible to arrange so that the child lives with both parents, but this isnt always the best outcome for the child. If it is agreed that the child is to live with one parent, then the custodial parent automatically has overall parental responsibility.
A Child Arrangement Order is also used to set out the days or hours that the child is to spend with their father, should the mother have overall parental responsibility. This includes overnight stays, and these can be worked out so that additional nights are possible during specific times of the year, for example seasonal or school holidays.
Don’t Miss: How To Avoid Flat Head In Newborns
Letter To The Court Template
If breastfeeding past the tiny baby stage is scrutinised in a custody battle, Katherine A Dettwyler has provided a template for a letter that defends natural term breastfeeding and co-sleeping for use in a court situation.
Linked Article
Letter for Court Cases in support of extended breastfeeding by Katherine A Dettwyler, Ph.D. updated 2015
What That Means For A Father Is Simple
Just because there was a temporary relocation does not mean the father abandoned the child. Relocation does not mean there is a new status quo in parenting time.
The father must be vigilant in making sure he does not allow the lack of contact to continue for months.
He should hire a family law attorney immediately to file the appropriate petition, request for order and obtain a court date.
Smart family law attorneys also help the father document the mother’s misconduct. That way, by the time they appear in court, there is a clear paper trail of that misconduct.
Documenting it may have an even greater benefit. The mother may get smart and allow contact immediately for fear of how she may look in court.
Either way, it is a win – win situation for the father.
Recommended Reading: How Do I Bathe My Newborn
The Easiest Way To Create A Newborn Visitation Schedule
Creating a schedule that allows for significant time with each parent is vital to your baby’s growth. You should also think about how the schedule could be adapted to suit your child as they get older.
The Custody X Change app helps you build a schedule piece by piece so you don’t leave out any important details and can account for all possible situations.
As a result, you get a written schedule and a visual calendar. They meet your family’s needs, as well as the court’s standards.
Once your schedule starts, you can use the actual parenting time tracker to see how the number of visits scheduled compares to the number of visits the baby’s father actually attended.
For quick, reliable and affordable help making a custody schedule and tracking parenting time, turn to Custody X Change.
Custody X Change is software that creates professional parenting plan documents and parenting schedules.
How Does Joint Custody Work With A Newborn
Child custody is an often-misunderstood area of family law. There are many pervasive myths and misconceptions that cause fathers to believe that the younger their child is, the less time they will likely get to spend with them after divorce. If you and your soon-to-be ex-spouse have a newborn child together, its only natural to assume that the mothers biological abilities to nurture the child would inherently predispose her to receive greater custody of the child in a divorce.
While in the past, most courts would uphold mothers as primary caregivers and men have historically received fewer custody rights than mothers, modern family courts throughout the US are adapting their perspectives on typical parenting roles and acknowledging the value of fathers and the abilities of men as primary caregivers of their children. Its vital to keep this in mind if you are concerned about joint custody of your newborn child.
Don’t Miss: How To Wash Newborn Clothes Before Wearing
Newborn Custody And Visitation Tips And Considerations
Keep the following tips in mind as you coordinate your newborns custody and visitation:
- Due to the frequent feedings most babies require, if the baby is breast fed exclusively, the mother should always have pumped milk ready to go for visitation. Otherwise, visitation would very short due to how often newborns nurse.
- Being flexible and reasonable is crucial to positive co-parenting.
- Both parents, but especially the babys primary custodian, should be fully supportive of any opportunities presented which allow the non-custodial parent to build a relationship and begin to bond with their baby.
What Is Considered Reasonable Access For A Father
Reasonable access is a broad term and its important to remember that this can mean something entirely different for different families. The courts deliberately do not dictate what reasonable access equates to for this reason. As previously mentioned above, it is possible to arrange contact with your child away from the courts, and this is a popular route for many families as it means both parties can be fluid and work around each other when timings may need to be altered. If, however, youre unable to reach a decision or want a schedule thats more set-in stone, going through the courts is another option for parents.
There are certain fathers visitation rights that need to be considered in any arrangement. Fathers have the right to:
Things to consider when discussing reasonable access include the childs schooling arrangements, your own personal commitments and working arrangements, the childs age, plus any activities the child takes part in.
Read Also: Can A Newborn Cry Too Much
Can A Father Obtain Greater Than 50% Custody If Both Parents Are Good Parents
At this point in the article, you may be wondering, is the only way a father can obtain sole custody is if the other parent is a drug addict or an abuser? The answer to this question is no. The Court has wide discretion in determining parenting plans. In some situations, the father has been the primary parent. He has been the stay-at-home dad while the mom works a 9-5 job. Perhaps mom has been a high-level executive and was rarely home.
In these situations, the policy of the State of California still favors frequent contact with both parents. However, if one parent is not available 50% of the time, then Courts often want the children to be in the custody of the other parent rather than a sitter or relative. For this reason, fathers often obtain greater than 50% child custody time.
A Childs Bond With Both Parents Is Very Important
Breastfeeding does not prevent a father or other co-parent from forming their own loving and secure relationship with their child. The following article discusses the importance of the fathers bond with their child and the importance of parents trying to resolve arguments about access for the sake of their child:
Excerpt from
E. N. Baldwin and K. A. Friedman, The Breastfeeding Relationship and Visitation Plans, New Beginnings, LLLI, 1996
The fathers bond with the child is just as important as the mothers. However, it should rarely, if ever, be necessary to interfere with the childs attachment to the mother in order for the fathers relationship to be promoted and encouraged. In the ideal relationship, the bond with the father and siblings flows out of the strong bond with the mother. But in any case, the child should not be torn from one parent, or forced to choose. The child should feel that both parents will protect and encourage the other parents relationship with the child, and both will help the child to feel safe.
No father wants to come for his child and have him clutching his mothers legs screaming not to make him go! Both mother and father will benefit if their child gleefully leaps into his arms, so excited to see him and go off with him!
A group of physicians with a special interest in breastfeeding, Breastfeeding for Doctors , express concern that attempts from a father or co-parent to sabotage breastfeeding could be considered a form of abusive control:
Don’t Miss: Do You Use Soap For Newborn Sponge Bath
Newborn Visitation Rights For The Father
A separation or divorce can get emotionally and legally complex — especially when shared children are involved. Determining visitation rights can be even more challenging when a child is a newborn.
Normally, child custody and visitation matters are determined without favor to either parent and with the child’s best interests in mind. But making these determinations before or right after birth can be more difficult.
Coming To An Agreement Or Proceeding To Court
What we like to see for fathers with a child born out of wedlock during or after a lengthy relationship is to come to an agreement quickly on legal custody, physical custody and parenting time. This agreement is memorialized in a stipulation and order if a case is pending or a written agreement if a case is not yet pending. We discourage a written agreement to control these issues without it becoming a court order. Our family law attorneys believe parents are more likely to comply with an agreement if the agreement actually becomes a court order. In addition, a court order is far more protective on these issues than simply a contract as both law enforcement and the courts can enforce a court order.
If the parents are unable to come to an agreement within a short and reasonable time, the father should consider immediately commencing a parentage action and seek immediate child custody and visitation orders. Once again, a father must be diligent and vigilant and not allow months to pass while the mother limits his time with the child. Courts will place some emphasis on the status quo and to what schedule the child became accustomed.
Also Check: How To Get A Newborn Ssn
Mediation For Parental Conflict
The anger between parents can negatively affect children as well as the divorce or separation itself. If parents are unable to put their childs needs first without arguments, mediation may be helpful. In mediation an independent third party helps both sides come to an agreement. For mediation help in the UK contact the Family Mediation Council.
Excerpt from
Infants and Overnight CarePost Separation and Divorce, Australian Association for Infant Mental Health Inc, reviewed 2015
Children are at a greater risk of developing emotional, social, cognitive and behavioural problems in families where there is a high level of conflict and animosity between parents