It often comes as a surprise to unmarried fathers that when they break up with the mother of their child, they do not have timesharing and decision-making rights automatically. In order to establish a timesharing schedule and to require the child’s mother to include them in major decisions, the father must file a Petition to Establish Paternity with the court. Even though having their name on the birth certificate creates a rebuttable presumption that they are the child’s legal father and will enable the mother to establish a child support claim through the department of revenue, it does not confer any other parental rights. In the event of a breakup, the mother is not legally obligated to allow timesharing or to consult with the father before making major decisions about the child, including the decision to relocate to another county or state.
How can a father protect himself? A father and mother can enter into a paternity agreement while they are still together. The agreement would establish a timesharing schedule and decision making authority in the event that the parties break up in the future. If this was not done, the father should file a petition to establish paternity as soon as possible. This will prevent the mother from attempting to relocate in order to prevent timesharing. A father should also begin making child support payments immediately, by check with “child support” clearly written in the memo section of the check. This will show the court that the father is committed to caring for the child and will prevent a large arrearage from accruing. Once a petition is filed, a standing order will often be issued which prevents the relocation of the child and states that the parents should share in major decisions affecting the child. It is important to at least attempt to exercise timesharing and be involved in the child’s life as soon as the parties break up. The court will consider the mother’s refusal to foster a relationship between the father and the child when determining a timesharing schedule.
Even if the mother and father break up and are on good terms, it is important to file a petition for paternity and to establish a timesharing schedule, decision making authority, and child support in order to prevent future conflicts.