Fathers and their Paternity Rights: Should They be the Same as the Mother`s?

Father’s rights are expected to be same as the mother’s. But due to the fact that there is a strong biological connection with mother and child from childbirth, this can be harder to enforce. The outcome of circumstances and abilities can be unexpected.

The rights of a biological father

Rights of a real father can be different than for the foster parent. The paternity rights for unmarried dads and divorced fathers would be complicated. Maternity always supersedes them naturally and legally. They need to establish paternity before they can exercise their paternity rights. The state laws are important regarding this, because some countries do not have any laws for or against unmarried dads. Some countries may not even allow its consideration at all. The rights and duty to emotionally and financially support a child go together.

An unmarried father has the right to prevent the adoption of his suspected baby by a third party. Some fathers prefer voluntary absence from the child’s life if ex wants to remarry. The child’s best interest should take priority in all cases. The step-father needs to apply for adoption.

Father’s financial support reflects his paternity right and therefore he should never fall behind. Both the parents must support the child along with the visits. The courts consider financial support and visits, both as being different. Being absent for a long time and suddenly stepping back would be difficult. Employment and financial history can and will affect the court’s decision.

When father is denied right to paternity

Staying in touch with his child is an established right of a divorced or unmarried father. The father has a right to spend time with his child/ren regularly, especially on birthdays and other festivals. These rights are usually denied when the father does not keep his word or is unreliable. He needs to regain trust. He needs to organize a routine and schedule of visits. Sudden attempt to meet the child/ren disturbs the family and definitely the child/ren too. If the father has lost his child’s custody due to drug, alcohol abuse or domestic violence, he can still ask for supervised visits.

The best solution in most cases would be patience and to follow the court’s directions and orders. Fathers can always collaborate with the child’s mother on important issues like medical care and education. He can also try for joint legal custody if this is in the child’s interest. The father should always talk calmly and politely when there is any disagreement on any issue. Once there is a long gap in communication and financial support it is very difficult and complicated to step back in again.

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