You’re a good father. Or you want to be. However, the mother of your child is making it nearly impossible for you to spend any time with your child. Historically it has been difficult for unmarried fathers to preserve parental rights. However, times have changed and we at Michael D. Tracton PC believe fathers have every right to pursue their parental rights.
The first step in determining unmarried fathers’ rights to visitation and paternity rights is establishing paternity legally with the court. When paternity is voluntary, and the parents are not marriedthis consists of the parents sitting down and signing paternity paperwork. If the paternity is disputed the legal process will include a DNA test to prove or disprove that the father is the biological father. Only after this process is completed can visitation and child custody be decided.
In the past, courts have leaned towards primary child custody residing with the mother when the mother and father are not married. However, this is no longer the case since the courts now agree that it is in the best interest of the child to have both mother and father in the child’s life. This should lend a hand to fathers seeking visitation rights of their child. This presumption will stand unless evidence is presented at the hearing which shows that the father is unfit for visitation rights.
We firmly believe that good fathers everywhere should have access to paternal rights including visitation. This is agreed upon by the court to be in the child’s best interest. Let us help you be a part of your child’s life. See what we can do for you, read more about our skills and expertise here.
Source: findlaw.com, “Child Visitation, Child Custody and Unmarried Fathers,” Accessed Aug. 31, 2014