In recent years, we have seen an increase in the number of unwed children being born here in Pennsylvania. While men and women may want the enjoyment that comes with being a parent, a number are not interested in establishing a permanent relationship with the other parent through marriage. This can often be fine where both parents are willing to establish an agreement for parenting the child and providing for its care and welfare. However, problems can arise if there is a dispute between the parents, which could have the effect of disrupting the relationship with the child. This most often comes where the birth mother is unhappy with the father for any number of reasons. This is why it is vital to understand your rights and responsibilities under Pennsylvania paternity law. An experienced Pennsylvania family law attorney can provide you with vital advice and assistance to make sure your rights as a father are protected.
What are Pennsylvania Paternity Laws?
The laws in Pennsylvania provide a means for establishing paternity, as well as the rights and financial responsibilities for biological fathers of children living in the Commonwealth. It often comes down to the relationship of the parents and the willingness to accept being the father of a minor child. If the unwed parents have a respectful relationship, then they can either enter into a mutual agreement covering their duties with respect to the child, or can sign a form called an Acknowledgement of Paternity Form. This will legitimize the biological father as the child’s legal parent. It is completed and signed by both parents, and then filed with the hospital where the child was born or with the Pennsylvania Division of Vital Records.
If the mother is not open to signing an Acknowledgement of Paternity with the biological father then the father can establish paternity in other ways. A great deal has changed over the years with the advent of genetic testing. In the past, paternity relied on a blood test that left a great deal of room for doubt. While the blood test could be used to deny paternity, it was not very effective nor accurate in establishing it. Fortunately, with DNA testing, paternity of the minor child can be determined fairly accurately.
Once a father has taken a DNA test that uses cheek cells taken from the mother, alleged father, and child, this can be used to show that the man is the biological father of the child based on genetic testing. After paternity has been established, if the mother is unwilling to sign an Acknowledgement of Paternity, the unwed father can seek a court order establishing paternity as a matter of law. This will give him the rights, duties, and responsibilities of a parent.
What are the Rights of an Unwed Father?
Even if you do not have a relationship with the child’s mother, you still have a great many rights as the biological father of a child. These rights include the custody and visitation of the child.
Custody has two parts, physical and legal. Physical custody means that the child resides with a parent all or most of the time. While in most cases the mother will get physical custody of a child, it is not always automatic. The court will look at the living conditions at both the mother and the father’s homes to determine what is in the best interests of the child. This standard is used for most determinations involving the child. The court will take into account a number of issues including safety, substance abuse history, any criminal record and other factors in making the determination, and may order someone from child services to inspect both homes and prepare a report. This will result in one parent getting physical custody of the child for all or most of the time. The goal is to provide the child with a stable household environment.
Legal custody is different. This is the right of a parent to make important decisions about the child, such as which school to attend and whether to undergo medical procedures. This carries a great deal of responsibility, but it is one of the most important aspects of parenting, even where the mother and father are unwed. Like with physical custody, the court will look at the best interests of the child.
Visitation is another important right of an unwed father. This is the time you spend with the child. It can include weekend visits, getting to share important holidays with the child, and taking them on vacations. If you are unable to work out a visitation schedule with the child’s mother, you can ask for a court to determine the time and place of such visitations. In general, courts like to see children having a meaningful relationship with both parents, and this includes visitation.
You also have certain duties and responsibilities with respect to your minor child. Even though you are not wed to the mother, if she is deemed the custodial parent, then you will have to pay child support to her until the child reaches the age of 18 or he or she graduates from high school, whichever comes later. Child support is based on a set formula and is supposed to be used to meet the needs of the child. Of course, if you are awarded physical custody of the child, then you can seek to have the mother pay you child support. Other duties can include providing for health insurance for the child, and covering a portion of the child’s medical and educational expenses.
Why is Establishing Paternity Important?
Establishing paternity is important for you and your child. When you are deemed to be the child’s father, you will be able to get visitation time with him or her. You will also have the right to request custody, while helping to make important decisions in the child’s life.
From the child’s perspective, he or she is going to want to have a relationship with you. It is difficult for a child to grow up with only one parent, which is why courts take paternity cases very seriously. The child will also get to know important things for his or her future, such as possible medical conditions to be aware of, the right to any inheritance from you or other relatives in your family, and the special bond a child develops with a father.
Contact Our Experienced Pennsylvania Family Law Attorneys
The experienced Pennsylvania family law attorneys at Jones, Gregg, Creehan & Gerace are committed to giving you the personalized experience and representation you desire when you are looking to establish your paternity rights as an unwed father. Please contact our office today to schedule a consultation.