You and your partner have welcomed a sweet little baby into the world. You’re busy changing diapers and arranging schedules and figuring out the ins and outs of daily life that all new parents face.
In the middle of the hustle and bustle and sleep deprivation, probably the last thing on your mind is the thought that the two of you might split up someday.
You haven’t married, but that’s not really necessary nowadays, right? When it was just the two of you, probably not. But now that you have a little one, it’s important to know what happens when unmarried parents split up and what the paternity laws are both at the federal level and in your state.
Establishing Paternity Rights: Taking Care of Business
In most states, when parents break up, the mother is presumed to have the primary (natural) right to custody of children born when she isn’t married (Clarke). In fact, the court often gives sole physical and legal custody to the mother (Saukas).
A biological father who has established legal paternity has substantially more say over custody and care of a child than one who has not.
If an unmarried father hasn’t yet made his paternity legal, he should do so immediately by signing a voluntary Acknowledgement of Paternity Affidavit and take steps to have his name added to the child’s birth certificate.
You can find out how to do this where you live by visiting the National Center for Health Statistics and clicking on your state.
Paternity in Question: Not Sure You’re the Father?
If the father has any doubts about whether or not he is the biological father of the child, he may want to request a legal paternity test. He should make sure to do so before signing the Acknowledgement of Paternity Affidavit and/or being listed on the birth certificate.
If the mother doesn’t agree to a paternity test, she may be compelled to do so by the courts. Once a man signs the affidavit or birth certificate, he may be liable for child support until the child is an adult, even if a later paternity test shows he is not the father (Padawer).
READ MORE ABOUT PATERNITY FRAUD
In many states, there is a fairly short statute of limitations for challenging paternity. This is generally done to protect the child’s right to be supported by the people they consider parents. Keep in mind that if a man is named on the birth certificate but later wants to change his legal status in regards to the child, he may have as little as two years to do it. It is wise to be aware of individual state laws regarding deadlines for establishing or disputing paternity.
Are Paternity Rights for Unmarried Fathers Constitutional?
According to the U.S. Department of Health and Human Services, the U.S. Supreme Court has recently affirmed a series of adoption cases involving the constitutional protections afforded to unmarried fathers. These protections came under the 14th amendment. But this does not mean this protection will be afforded in every case, especially if legal paternity has not been established. In those cases, states still very much have the last word.
The Bottom Line
Parents splitting up is hard on everyone involved, whether they’re married or not, but the consequences can be especially tough for unmarried couples. Getting informed and taking proactive steps now to protect future relationships with a child is the wise thing to do. If you are unsure about what to do or what the laws are in your state, you may want to consider hiring a family-law attorney or other type of legal resource in your area. When the ongoing connection with your child is at stake, paying a few legal fees is a small price for what is essentially a priceless relationship.
Get a Paternity Kit
Follow us on Facebook and Twitter! If you have questions about paternity tests or other DNA testing services, please contact our Client Support Center at 888-404-4363, Mon-Fri from 8:30 AM to 5:30 PM Eastern Time. Our friendly, expert representatives are ready and happy to help. Get answers anytime by visiting our Help Center.
Resources
Clarke, Peter. “Child Custody Laws between Unmarried Parents.” Child Custody Laws between Unmarried Parents. Legal Match, 11 Jan. 2016. Web. 09 Mar. 2016. <http://www.legalmatch.com/law-library/article/child-custody-between-unmarried-parents.html>.
Padawer, Ruth. “Who Knew I Was Not the Father?” The New York Times. The New York Times, 21 Nov. 2009. Web. 09 Mar. 2016. <http://www.nytimes.com/2009/11/22/magazine/22Paternity-t.html?pagewanted=all>.
Saukas, Gail. “Married vs. Not: The Difference It Makes in a Custody Battle.”WOTV4womencom. WOOD Television, LLC, 30 Apr. 2015. Web. 09 Mar. 2016. <http://wotv4women.com/2015/04/30/married-vs-not-the-difference-in-makes-in-a-custody-battle/>.
“State Statutes Search.” – Child Welfare Information Gateway. Department of Health and Human Services, n.d. Web. 09 Mar. 2016. <http://www.childwelfare.gov/topics/systemwide/laws-policies/state/?hasBeenRedirected=1>.
“The Rights of Unmarried Fathers.” – Child Welfare Information Gateway. Department of Health and Human Services, Jan. 2014. Web. 09 Mar. 2016. <http://www.childwelfare.gov/topics/systemwide/laws-policies/statutes/putative/>.
“Where to Write for Vital Records.” Centers for Disease Control and Prevention. Centers for Disease Control and Prevention, 16 Sept. 2015. Web. 09 Mar. 2016. <http://www.cdc.gov/nchs/w2w.htm>.
Amadu Sogbeh says
I don’t want the mom to know about the test just me and my daughter
Admin says
Hi, Amadu. If your daughter is a minor, you must have the mother’s permission to test unless you also have legal authority to act on behalf of the child.
Daniel says
If I have full legal custody of my minor child, and submit a specimen for both of us, will it still be accurate without his mothers sample?
Identigene says
Hi, Daniel. Sometimes, the mother’s participation is needed for conclusive results, which is why we recommend she submit her sample too. In the overwhelming number of cases, we can obtain conclusive paternity results without the mother’s sample. So no worries!
Joel says
Can you test a grandson and a suspected grandfather The mother is deceased ?
Identigene says
Hi, Joel. You can, but without the mother’s DNA there is a greater risk of obtaining inconclusive results. Is the son (alleged father) not available to test?
Sandy says
Can you rest without swabbing the mouth?
Identigene says
Hi, Sandy. Using cheek swabs is the most reliable, painless, and cost-effective way to collect DNA.
DeboraH says
I need to know if a mother is in one state in the fathers in the other at the time of birth the mother puts the father’s name as his last name the biostatistics. I had to send for her birth certificate which was needed at that time it still had father’s name as the original . And he eventually I think have property up there with 1992-93 and maybe somebody had relations with a brother would that be positive that he could go ahead and take that off without any of my knowledge just going to the hospital with her and having to Cassie not displaying anything and then being able to take off her last name without it was 15 years and it has it on there that he did it less than four months after the birth which is L legally wrong what do I do her she has 15 years of age been visiting him back and forth he has acknowledged as he had be in the father and 1992-3 he had submitted a
DeboraH says
So if your birth certificate is not the original birth certificate and I had the original birth certificate that I had to get a copy out 15 years later and then a year before her 16th birthday we had to get it again when she became an adult and it showed that he had changed it four to five months after the birth which is inaccurate and he did it in another state or he got birth records or he bought property in the state say I used to live in I just don’t know the legal in the galaxies behind it but apparently I one point got papers that I requested prayer charity for his name to be taken off I have no knowledge of this and if you don’t have 60 days to take care of something my question to you is and in fact if a brother and a brother has 3 Brothers I3 sounds can the DNA back then be not really positive so when she turns 18 she can’t go to court to dispute it
HomeDNA Identigene says
Hi, Deborah. These are questions best answered by a family-law attorney.
Lynn says
If mom doesn’t want child support, and dad wants a payer test can she deny it?
HomeDNA Identigene says
Hi, Lynn. In nearly all states, a man who is not married to the mother can petition the court to order a paternity test to determine if he’s the biological father. If it ends up being ordered, it’s not usually a good idea to refuse since the court might very well then rule in his favor.