Paternity and the Various Types of Fathers in a Custody Situation

If there is no agreement between you and the father of your child, you or the father will have to bring a paternity suit to identify the father of your child. In many cases, paternity suits are used as a way to establish financial responsibility or gain visitation rights between parents.

Biological Fathers: The Only Type of Father? 

Many people believe that a biological father is the only type of person who can be recognized as a child’s father. The answer is this: A man other than the biological father can be legally designated as the father of the child, depending on the circumstances. However, many problems can become prevalent in this process. We will help you understand the various legal classifications of fathers and what they mean.

Acknowledged Father: An acknowledged father is the biological father of a child who admits that he is the father even though the child was born to two unmarried parents. These types of fathers are obligated to pay child support.

Presumed Father: There are many circumstances that help indicate whether or not a man is presumed to be the father of a child. This includes being married to the mother, attempting to marry the mother when the child was born, marrying the mother after the child was born, or welcoming the child into their home after the child was born. 

Equitable Father: This is a father who is not biological or adoptive, but has a close relationship with the child. This is determined under the pretense where a non-biological parent may have a close relationship to the point where equitable parental custody rights will be granted. 

Unwed Father: This is somebody who has a child with the mother but does not marry her. In many cases, this father must acknowledge paternity to receive rights. If nobody else steps up as the father, the unwed father has the ability to retain visitation rights and seek custody.

Paternity cases are very complicated, which is why you should have an experienced attorney on your side through the process. Call us today at The Law Offices of Amy M. Montes for more information on how we can help. We are willing to speak with you about your case in your time of need.