What Rights Do Unmarried Fathers Have To Their Children?
The Center for Arkansas Legal Services Helpline takes calls on many topics. One topic that comes up is what rights unmarried fathers have to their children. In Arkansas, 46.8 % of babies are born to unmarried parents. With 50% of the children in Arkansas living with unmarried parents, it is not surprising that the Helpline is asked to assist with this topic. For example: What happens when the parents break up? Does the mother have to let the father see the child? What if the father wants to visit? What if the father wants joint custody? What if the father wants to take full custody of the child? Does the mother have to go to court to get custody of the child?
In Arkansas, the mother is the legal custodian of the child when born out of wedlock. The father has no legal rights to the child. To have any custody rights to the child he must file a Paternity action in court. The court will rule on paternity and on custody of the child if needed. Custody goes from visitation to joint or full custody. Depending on what is in the best interests of the child. Some of the factors that the court will consider when deciding what are the party’s character, honesty, work record, drug and alcohol use and abuse, criminal history, child abuse allegations, neighborhood, the identity of others living in the home, and financial condition.
How does the father prove paternity?
In Arkansas, signing the birth certificate does not give a supposed to be father any rights to the child. But if he has been acknowledged by the mother as the father of the child, the court is not likely to order a DNA test. A.C.A. 9-10-108(b) provides that if a defendant says yes to his name being on the birth certificate. Or he can register with the Putative Father Registry. A.C.A. 20-18-702, such constitutes a prima facie case of establishment of paternity; thereby shifting the burden of proof to rebut paternity to the defendant.
Will there be a DNA test?
As stated above, being on the birth certificate and acknowledged as the father usually makes the case that paternity can be said without a DNA test. If a mother requests a DNA test, the court will order one. If the father is not on the birth certificate and has not been proven to be the father, a DNA test will be necessary.
Does paying child support give a father any custody rights?
Not If paternity and child support is through the Office of Child Support Enforcement (OSCE). Unless the father asks for visitation or custody and the court gives a decision, he will not have any legal visitation or custody rights. If a child support case is against a father and he wants custody rights, he should countersue for custody as part of the OCSE action. If you are in a child support action, and you want visitation rights, please be sure to assert your position in the child support case.
Can a father get joint custody?
Joint custody is the preferred custody arrangement in Arkansas absent any additional circumstances. Joint custody works best when the mother and father work together and agree on their child’s upbringing. If the father wants joint custody, he should request it in the Paternity and Custody petition. Arkansas law considers both parents equal when deciding who will get custody. The judge cannot favour the mother for custody just because she is the mother.
What about visitation?
The child and the parent without custody have the right to spend time with each other. Any order may grant “reasonable” rights of visitation. This gives the parents a chance to work out a comfortable visitation schedule. It will change as their child gets older or if a parent moves. “Reasonable” rights allow you to make these changes without going to court.
If you have additional questions about the rights unmarried fathers have to their children please call our Helpline at 501-376-3423 or visit our website for further information.
AUTHOR: EMILY REER, STAFF ATTORNEY FOR CENTER FOR ARKANSAS LEGAL SERVICES