Most parents have the same essential rights regardless of their circumstances. However, some people have to take special steps to access and use their rights. Married fathers benefit from an automatic presumption of paternity. When their wives have children, the state automatically includes their names on the birth certificates. They don’t have to take any special steps to establish their legal relationship to the child or make use of their baseline parental rights.
Unmarried fathers typically have to establish paternity by taking specific steps. They either fill out paperwork with the mothers of their children or go to court to officially establish their parental relationship with their children. Men who already have basic arrangements with the mothers of their children that allow them to see the kids occasionally may feel like formally establishing paternity isn’t necessary. However, there are numerous benefits for both a father and his children that come from legally establishing paternity.
What are the benefits of having the state recognize a man’s relationship with his children?
Enforceable custody rights
Those who have informal arrangements with the mothers of their children are essentially at her mercy. If their relationship sours at any point, they may not be able to spend time with their children regularly anymore. Establishing paternity is a necessary step for those who want to regularly see their children. Only after establishing paternity can fathers ask the courts to grant them parental rights and responsibilities.
Inheritance rights
Men who have created an official estate plan can name their children as beneficiaries. However, without a will, formal relationships are necessary for inheritance. Taking the time to establish paternity means that a child becomes eligible for an inheritance from their father’s estate when he dies. That legal protection is important both when there is no estate plan or when there’s a risk of an interested party contesting the terms set in an estate plan.
Access to important benefits
Fathers can potentially provide health insurance and other key benefits for their children even if they do not live with their children full-time. Employers and insurance companies may not allow them to include minors on their policies if they have not established paternity. There are also survival benefits to consider. Both Social Security benefits and benefits associated with military service are typically only available to direct family members.
Making the effort to establish paternity can also help strengthen the emotional connection between a father and his child. Fathers who legally establish their parenthood can protect themselves and their children in a variety of different circumstances.
