Fathers’ rights are equal to mothers’ rights, fathers just have to enforce them. A mother’s biological connection to the child is proven through childbirth, while unwed fathers must first establish paternity before they are able to exercise any parenting rights. Married fathers are presumed to be the biological father of a child born during the marriage. Until there is a live birth and even sometime afterward, the mother is in control of the child and is capable of leaving the father out of the equation. Mothers can move before the child is born and can decide health related issues to the exclusion of the father. Unfortunately, from a legal perspective there isn’t much a father can do to enforce his rights over a fetus. Once there is a live birth, an unwed father should immediately file a paternity petition seeking to establish his parenting rights in addition to filing a custody/visitation petition. Establishing paternity means that the father, mother and child will have to take a paternity test to establish the father’s rights. Fathers and mothers should recognize that there is a trend toward a 50/50 shared parenting schedule between the parents. For more information, contact Tebano & Associates for a consult.
