What rights does a father have in a child custody case? 19 Answers as of September 23, 2011

A father and a mother are equal under the law with equal rights until a court rules otherwise. So, he does not have to go to court to "get his rights" or to "fight for his rights" they are his by genetic birth.

Once the child is born, the father may assert his rights to parent that child by filing a paternity action. The court makes such decisions based on what it believes to be in the child's best interests.

If you are not married, you have sole custody and placement unless a court order says otherwise.

Since you are not married, he will need to file in court to establish parental rights. Practically speaking, if you know he is going to do that, cooperation is best to allow for familiarity and bonding with the baby. Since you do not want the baby, have you each talked about adoption?

If you do not want the baby and you wish to give the baby up for adoption, you will still need to notify the father. If the father does not consent to the adoption, then he may seek to establish his parental rights over the child. While you are not required to allow the father to see the child, he will be able to seek paternity over the child through the courts. The courts do not look kindly when a parent seeks to deny the other party of their parental rights and could work against you. If there are issues of drugs, alcohol or abuse, then you would be able to present that to the court in any proceeding either to terminate rights or to defend yourself in a paternity action.

In Georgia, unless he legitimizes the child he has no rights at all.

The courts do not look favorably upon withholding children, so your best bet is to be open and honest with Dad. This baby's father is no less important than you are as this child's parent. Is there a reason you wouldn't want Dad to have some custody, especially if you think you may not want this child? It may be a good first step to allow Dad the custody, and then you have the option of gradually increasing time with you as the child gets older if that is something you may want to do. I hope you are getting the care and support that you deserve, and that you need at this time. There are free support programs for teenage moms in every county, and there are free family law attorneys (called family law facilitators) at each county courthouse. Keep in mind, too, that you are likely eligible for government aid in the form of health insurance (now), and when the baby's born: housing, food stamps, and cash aid.

I assume when you say "his son" and "fight for legal rights", you are referring to the unborn baby. You have the sole right to determine whether you want to terminate the pregnancy. If you want to carry the baby and put it up for adoption, the father will need to consent to that and voluntarily terminate his parental rights. Once the baby is born, unless and until the father files a legitimation action and gets court ordered custodial/visitation rights, you do not have to let him see the child.

First, were the two of you married to each other. At least in Washington, if the two of you were not married to each other, then, the father has very few rights until there is a determination of paternity. This can be either through the filing of unchallenged/revoked paternity declarations or through a court action. But until one of those happens, the alleged father doesn't have much of any rights. Of course, until he is determined to be the father, you really cannot collect child support from him.

In Georgia, a father does not have any parental rights unless he was married to the mother at the time of conception, married to the mother at the time of the child's birth, or legitimates the child. If you refuse to allow him access to the child, he can attempt to hold that against you in any proceedings for custody. If you do not want the child and he does, he can use that as a reason to be granted sole custody of the child. If he does not file an action to legitimate, he will not have rights. (Note: If you seek to place the child up for adoption, he must be informed of his right to legitimate and given an opportunity to do so before the adoption can take place.)