Fathers in Pennsylvania and around the country have a right to spend time with their children whether they were once married to the mother or not. When unmarried fathers take legal action to seek visitation or custody, family law judges base their decisions on what they believe will serve the child’s best interests. This means that an unmarried father who is devoted to his children is just as likely to be awarded custody as a divorced father. In fact, judges are likely to order some sort of shared custody in this situation because it is now accepted that children benefit from these arrangements.
Establishing paternity
Establishing paternity is the first step on the road to custody for an unmarried father. Paternity must be established because it makes the relationship between the father and the child a legal one. The mother is unlikely to object to this as paternity must also be confirmed before a court will issue a child support order. In Pennsylvania, the simplest way to establish paternity is for both the child’s father and mother to sign an Acknowledgement of Paternity form. These forms can be obtained from the Department of Public Welfare, a Domestic Relations Section or a county assistance office. If the mother refuses to sign an AOP form, the father can contact their closest DRS to seek a court order for a DNA test.
Child custody
Parents can resolve child custody arrangements amicably or leave the decision up to a judge. If the matter goes to court, the judge will presume that joint custody is in the child’s best interest. However, this view could change if one of the parents has a lifestyle that could endanger or hamper the development of the child.
Parenting time
These issues are often settled through negotiation rather than litigation as joint custody is the presumed best solution barring evidence to the contrary, but experienced family law attorneys may urge unmarried fathers to seek a legally binding court order even when an agreement is reached. If this is done, attorneys could take legal action to enforce the terms of the custody agreement and parenting plan if they are breached.