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A biological father who was married to the mother has specific parental rights unless a court has ruled otherwise . If there is a question/disagreement as to custody, visitation, support, etc. the parent wishing to establish the criteria should file suit in the family court in the state and county where the minor child currently resides. If the couple were not married the law presumes the mother to be the sole custodian of the minor child. If the mother refuses to allow the father his parental rights the father must first establish paternity and then file a lawsuit to attempt to obtain custodial and/or visitation rights if he that is his wish.

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15y ago
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12y ago

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test.

A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

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Q: What does a father do to get parental rights?
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