How to Restore a Biological Father's Rights
Biological fathers have rights to establish a relationship with their child and have a role in the child's upbringing. Sometimes a father is not aware the child exists because the mother hid the pregnancy, or because his parental rights were terminated voluntarily or involuntarily. Biological parents can voluntarily relinquish parental rights to put a child up for adoption. Parental rights can be involuntarily terminated in most states if the parent is determined to be unfit and it is in the child's best interest to sever parental ties.
A biological father's rights can be restored if a man learns he has fathered a child and wishes to parent the child, or if he has terminated his parental rights and the child was not adopted, or if he wants to contest an action designed to terminate his parental rights.
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Instructions
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Contact a lawyer who specializes in family law. State laws regarding parental rights vary and a lawyer can help determine what your rights are and procedures for restoring them. A father's rights can be legally restored without using a lawyer, but the process can be complicated.
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Register as the putative (presumed) father of the child. Many states have putative father registries that allow men to voluntarily acknowledge paternity, including Alabama, Arizona, Arkansas, Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Louisiana, Minnesota, Missouri, Montana, Nebraska, New Hampshire, New Mexico, New York, Ohio, Oklahoma, Tennessee, Texas, Virginia and Wyoming.
Other states allow fathers to acknowledge paternity by filling out forms at social service departments or registrars. Fathers may also establish paternity by filing an affidavit with a court.
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Seek visitation to establish a substantial relationship with the child and show an interest in the child's upbringing. The U.S. Supreme Court has affirmed constitutional protection of a father's rights under the 14th amendment when he has a substantial relationship to the child, defined as a biological connection and a parental commitment.
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Provide a safe environment for the child. Parental rights are often terminated because of abuse or neglect of the child or other children in the home, abandonment and long-term alcohol or drug abuse that makes the parent incapable of providing a safe environment.
If one of these factors led to court action to terminate your rights, you may need to prove reasonable efforts have been made to remedy the situation, such as enrolling in parenting classes, drug and alcohol abuse treatment or home visiting programs.
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Tips & Warnings
Establishing paternity gives a father rights, but also requires financial support for the child.
References
- Photo Credit child and father image by Renata Osinska from Fotolia.com
