Parents going through a change in their relationship status often worry about their relationships with their children. Men, in particular, often feel insecure about their rights as parents.
Men who are not married to the mothers of their children may worry that they do not have the right to request shared custody if the relationship ends. The good news for unmarried fathers worried about their parental rights is that New York absolutely recognizes the importance of a father’s role in the lives of his children.
Parenting laws in New York are sex neutral, meaning they do not reference the sex of the parents. All parents theoretically have the same basic rights. Unmarried fathers may simply need to take a few extra steps if they want to secure shared custody.
Fathers who establish parentage have legal rights
Married men typically have automatic parental rights. The state acknowledges their parentage by virtue of their marriage to the mother of their children. Mothers also benefit from automatic acknowledgment after the birth of children.
Unmarried fathers have to establish parentage with the state in order to make use of their parental rights. Fathers can establish parentage by cooperating with the mothers of their children. They can fill out paperwork together to add his name to the birth certificate at the hospital or anytime while the child is still a minor.
If the mother is uncooperative or uncertain of who the father is, then genetic testing might be necessary. Undergoing tests can establish conclusively that a man is the father of a child. The courts can then acknowledge his parentage, and he can have his name added to the birth certificate.
From there, he can seek shared custody rights in accordance with state statutes. Even in scenarios where mothers do not wish to acknowledge the fathers of their children, men can ask the courts to intervene to help them establish parentage and then shared custody.
Understanding the parental rights granted to adults in different circumstances under New York state law can help parents show up for their children. Unmarried fathers have rights as long as they officially establish paternity. Seeking legal guidance can help fathers establish paternity and assert their parental rights.