Questions and Answers About Fathers’ Rights and Duties

Pregnancy raises a number of important concerns for a woman, especially if her partner is absent or otherwise unwilling to participate in the parenting process. This document attempts to address a number of the most commonly asked legal questions about the father's responsibilities and rights.

Note: While this web page attempts to address some of the most common questions raised by single mothers, it is not intended as a substitute for legal advice from a competent attorney.

Questions
Do I have to put the father's name on the birth certificate? Mothers have the option of putting "Unknown" or "Refuse to State," in place of the father's name. However, leaving his name off the birth certificate will not prevent him from claiming his paternal rights. He may be able to have his name added to the birth certificate.
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Do I have to tell the authorities who the father is, even if he's not on the birth certificate? To receive public assistance -- such as AFDC, food stamps, or state insurance -- you will most likely be required to provide the father's name as well as his last known address. The authorities may then attempt to force him to make child support payments to you. If you will not collect child support from him, then you will probably not be eligible for public assistance.

What do I need to do to collect child support? You should immediately begin legal proceedings to establish the father-child relationship and determine a visitation schedule. This action can be taken before the child is born. The local District Attorney's office may help you with your paternity action even if you are not receiving public assistance, or you can find your own attorney.

If the father voluntarily signs a "Declaration of Paternity" form, his fatherhood is automatically assumed which will facilitate the collection of child support without the necessity of court proceedings. If the father denies paternity, a paternity test will be necessary. This involves taking a blood sample from the baby after it's born followed by genetic testing. You should be aware that, if you are awarded child support, the father will have a right to visit the child.

If the father doesn't make child support payments, can I stop his visitation? Or, if he stops visiting the children can he also stop making support payments? No. Child support and visitation are independent rights of the child and are not contingent on each other. Even if you were to actively interfere with the father's visitation rights, he would still have a legal duty to pay child support. The reason for this rule is that children should not be left without support because of the misconduct of their parents. Also, since child support and visitation are independent rights, both for the benefit of the child, neither can be legally denied because of the illegal behavior of a parent.

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