Do unmarried fathers have the same rights as married fathers? Or even as divorced fathers? Not automatically.
Under Massachusetts law, unmarried fathers may still have custody and visitation rights as well as financial support responsibilities, but there are usually more legal steps involved.
We are decades away from where the norm was to grant sole custody to mothers in a divorce, however, unmarried mothers are deemed the full custodial parent unless a court determines otherwise. In cases of unmarried parents then, the burden of proof is on the father to establish that he has a right to custody of the child, and that asserting his rights will serve the child’s best interests.
At Miller Law Group, P.C., we understand that in the majority of cases, both parents sharing custody is crucial for a child’s well-being and future. Whether a child’s parents were married or not, it is often critical for a lawyer to ensure that a father’s voice is heard in child custody cases and related matters.
Fathers’ Rights & Establishing Paternity
While married parents are automatically assumed to have equal claim to parental rights in family law courts, with unmarried parents, the mother automatically holds full custody of the child unless paternity is established.
With a child born outside of marriage, the father can fill out a Voluntary Acknowledgement of Parentage and have his name included on the child’s birth certificate. If that step isn’t taken, then after the child’s birth, a father can still complete a Voluntary Acknowledgment of Parentage. Otherwise, the mother may have to file a Complaint to Establish Paternity, in which case a DNA test would be used to determine whether a man is the biological father.
Under G.L. c. 209C, once paternity is determined, then an unmarried father may have the option to assert rights to custody and visitation as well as assume responsibility for child support. Or the mother would have the option to petition for child support from the father.
Fathers’ Rights When Unmarried Parents Have Never Cohabitated
While divorcing fathers have equal standing to mothers under the law, if unmarried parents split up, and they also have never cohabitated, it can be difficult for a father to petition the courts for custody or visitation rights. It is, however, possible.
If the unmarried parents already have a proven track record of sharing responsibility for their child together, this could help a father’s case in requesting custodial or visitation rights. This would not only mean that the father was involved in the child’s life before he split up from the mother, but it would also ideally mean demonstrating that the parents were cooperating and communicating well to work toward the child’s best interests. This would best be demonstrated by the parents having made a co-parenting agreement of some kind, something to point back to if they later break up.
If a father isn’t involved in a child’s life before the courts get involved, then it can be difficult to convince a court to grant custody to him. But if an unmarried father was an active parent, documenting this involvement from before the courts were brought in could be beneficial for his case.
Fathers’ Rights When Unmarried, Cohabitating Parents Split Up
If before breaking up with the mother and asking the court for custody rights, the father had lived with the mother and helped raise the child, it is a more straightforward matter to prove to the courts that the father was involved and that the parents are capable of co-parenting. Still, documentation of involvement in the child’s life is helpful in this case, if a father wants to file for joint custody.
As with divorcing parents, a judge is going to want to order a custody arrangement that best serves the child’s interests. It’s possible for an unmarried father to secure court-ordered custody by working with an experienced father’s rights attorney to show that he has been involved in the child’s life, and to advocate that a child’s well-being and future would benefit by the father being granted joint physical and legal custody.
Additional Child Custody & Support Issues for Unmarried Fathers
Whether married or unmarried, fathers must provide financially for their children, and when this is codified in a court order, they must also live up to whatever other terms are included in that custody or visitation and child support court order. However, significant changes in life may mean that current court orders no longer serve a child’s best interests or match a father’s ability to pay.
A family lawyer would need to get involved as quickly as possible to get court order modifications after changes such as:
- Job loss
- Relocation
- New health issues
- Other unforeseen changes
A court can also help a father with enforcement issues. For example, if an unmarried father has court-ordered custody or visitation rights, and the mother is trying to deny the father access to his child, then he can go to the courts. This can force the mother to abide by court orders or to be in contempt of court.
Get Specific Answers for Your Fathers’ Rights Case
If you need a fathers’ rights lawyer in Massachusetts to help you with paternity issues, child custody disputes, child support changes, or any related matters, call (888) 874-2142 to request your free consultation and to start getting the legal help you need and deserve.