Wednesday, April 3, 2013

Unmarried Fathers Rights


Parents too, birth father’s for children born out of wedlock have rights.  As do de facto fathers who are not found to be related to a child.  The same best interests and welfare for the children considerations apply. 
  1. For the birth father, the procedure follows the filing of a Paternity Action that gives Dad the availability if court orders both before and after mother gives birth.  
  2. For the non-bio Dad, a custody action is filed. Here the issue of best interests and welfare both governs the non-bio Dad’s access to rights as well as the visitation and custody plan ordered by the court.  For example where non-bio Dad has lived with the child and the child has come to know him as Dad in fact, even when clearly not bio Dad, as where non-bio Dad’s surname differs from the child’s  and where child has never regarded him as his true bio-Dad, if found to have provided the predominant Dad’s role for the child.  Bond, not biology, rules.  

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