The Law and Single Fathers

Unless a single father has a Parental Responsibility Agreement or Order he has few legal rights, regarding his children. A single father does however have the right to make a court application for contact. He also has responsibilities to his child, which mean it is his obligation to ensure his child is properly looked after and supported emotionally, physically and financially.

The Lack Of Legal Rights

If an unmarried father jointly registers the birth of his child he automatically has Parental Responsibility. If he does not jointly register his child however, the father has no rights over the child, and can only act on their behalf in an emergency. Having no legal rights over his child means that the single father has no say over the naming of the child, his/her religion, where the child should be educated, what kind of medical treatment they can have or even over the child’s adoption. The father also has no access to the child’s official documents or medical records, and is not able to get a passport for the child.

The child’s father does however have to pay Child Support on demand,but is entitled to apply for a Parental Responsibility Order if the mother of the child is unwilling to agree to a Parental Responsibility Agreement.

How Can A Father Acquire Parental Rights?

If communication with the child’s mother is open, simply asking for Parental Responsibility may be all it requires. If she is happy to agree all a father has to do is download a Parental Responsibility form from the Internet, sign it and send it off to court. If the child’s mother doesn’t sign a Parental Responsibility form however, the father is able to make a direct application to the courts.

On reviewing an application from a father the court will take into consideration how much commitment the father is able to offer the child, the degree of attachment between parent and child and the reasons why the father is making an application for Parental Responsibility.

Rights Over Contact

If a couple disagrees over contact arrangements a father can apply to the court for an interim contact order. This is done by attending a directions hearing and a consent order may be made if there are disagreements between the child’s parents. If an agreement cannot be reached, the court may issue an order regarding care and contact. This is only done in cases where the child will benefit from the changes in contact. On the whole, however, the child’s welfare is given paramount consideration by any court of law.

Does A Step-Dad Have Any Rights?

Maintaining relationships after separation can be difficult. It is the mother’s responsibility to allow her child to have contact with a step-parent. If she prevents contact a father may apply for a contact order, provided the child lived with him for at least three years. However, a father does not have any Parental Responsibility if he is not the natural or adoptive parent.