If the parents are not married, the unwed father does not enjoy the same automatic parental rights as the mother of the child. According to the law, the father can be defined in a few different ways. The father can be a man who is either presumed, legally determined to be the father, has acknowledged paternity, or been adjudicated to be the father by the court.
According to the Uniform Parentage Act, a man is presumed to be the father if he:
- Is married to the mother and the child was born during the marriage
- Is married to the mother and the child is born before the 301st day after the marriage is terminated
- Is married to the mother before the birth of the child, even if the marriage could be declared invalid
- Voluntarily asserted paternity in a record filed with the bureau of vital statistics or promised in a record to support the child
- Resided in the household with the child during the first two years of life and represented to others that the child was his
Parents have specific rights and responsibilities. It is important to contact a fathers rights lawyer to protect these rights, and responsibilities. A few of those are the right to spend time with the child, and the right to make decisions regarding the care, and education of the child. In addition to these rights, parents have responsibilities, including supporting the child.