Fathers often feel disadvantaged when they’re addressing family law issues. They may be unfamiliar with their rights and may have heard many discouraging stories. For example, unmarried fathers often believe that they have limited rights regarding their children.
They may fail to assert themselves because they are unaware of how the law in Rhode Island protects them. While it is true that marriage is the simplest way of establishing parentage, men do not have to marry the mothers of their children for the state to recognize them as parents and extend them basic parental rights.
Unmarried fathers have rights under the law as well, although they may need support if they intend to make use of those rights. What rights do state statutes extend to fathers?
The right to establish parentage
A father’s ability to connect with his children and legally establish his relationship with them does not depend on his relationship with the mother. Married men do receive a presumption of parentage, but unmarried fathers can also establish parentage.
They can do so by cooperating with the mothers of their children. They have the option of executing voluntary paperwork together to add the man’s name to the birth certificate for the child. If the mother is uncooperative or if there are questions about paternity, then a court order may be necessary. After genetic testing, the courts can order the addition of a man’s name to a child’s birth certificate.
The right to share custody
Once a man has established parentage, he has the same legal rights and protections as any other parent. That includes the right to request joint custody. Unmarried fathers can ask for both parenting time and legal authority.
Judges typically want what is best for the children when handling contested custody matters. They can take steps to help ensure that men have time with their children. In cases where mothers prove unfit or choose to rescind their rights, sometimes unmarried fathers can even obtain sole custody of their children.
Understanding fathers’ rights under Rhode Island law is the first step toward making use of those rights. Men can establish parentage and seek custody with the support of the family courts if they do not have the cooperation of the mothers of their children.