Fathers are important figures in their children’s lives, and family law recognizes this role. Whether you are going through a separation, never married the child’s other parent or are trying to stay involved in your child’s life, understanding your rights can help protect your relationship and responsibilities as a parent.
It is not uncommon for fathers to feel uncertain about what they can do when it comes to custody, decision-making or family planning. The good news is that there are specific legal rights available to fathers in these situations.
1. You have the right to seek custody and parenting time
You have the right to request custody and parenting time through the court, even if you were never married to the child’s other parent. Courts do not automatically favor one parent over the other based on gender. Instead, decisions about custody and parenting time are based on what serves the best interests of the child. You may be awarded shared custody, which gives both parents the ability to participate in decisions about the child’s education, health care and day-to-day life. Even in situations where one parent has primary physical custody, the other parent typically receives scheduled parenting time.
2. You must establish paternity to access parental rights
Before you can exercise rights such as custody or parenting time, you must be legally recognized as the child’s parent. If you were not married to the mother at the time of the child’s birth, paternity must be established. This can be done voluntarily or through a court process. Once legal paternity is in place, you can ask the court for a custody order, participate in making decisions for your child and receive information related to health care, education and other important matters.
3. You are entitled to take leave when your child is born or adopted
Under federal law, fathers who are covered under the Family Medical Leave Act (FMLA) can take up to twelve weeks of unpaid leave after the birth or adoption of a child. This leave allows you to be present for those early bonding moments and care for your child without fear of losing your job.
Obtaining legal guidance can be helpful when you are ready to take steps to protect or exercise your parental rights.