With Father’s Day approaching, it’s a time to celebrate the vital role dads play in their children’s lives. However, for many fathers – especially those who aren’t married to the child’s mother, this day can also bring up difficult questions about legal rights and involvement.
As Family Lawyers, we are often asked by fathers: Do I have any rights if I’m not on the birth certificate? What can I do if I want to be more involved in my child’s life?
What is parental responsibility?
Parental responsibility is about the right to be involved in the important decisions that affect your child’s life. This includes certain factors such as:
- Religious upbringing
- Where your child lives
- Which school they attend
- Decisions about medical treatment
- Travelling abroad with your child
Do all fathers automatically have parental responsibility?
Unfortunately, not all fathers can automatically receive parental responsibility as it depends on each individual’s circumstances.
Married Fathers
If you were married to the child’s mother when the child was born, you automatically have parental responsibility regardless of whether your name is on the birth certificate.
Unmarried Fathers
If you weren’t married at the time of birth, it depends on when your child was born and whether you’re named on the birth certificate. Regardless of your situation, you can still receive parental responsibility.
How can unmarried fathers get parental responsibility?
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Re-registering the birth
You can re-register the birth with the agreement of the mother to add your name. This will give you parental responsibility.
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Parental Responsibility Agreement
If both you and the mother agree, you can sign a formal parental responsibility agreement. This needs to be witnessed by a court officer or magistrate and then registered with the Central Family Court.
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Court Order
If the mother doesn’t agree, you can apply to the family court for a parental responsibility order. The courts will look at things like your relationship with the child, your level of commitment, and whether it’s in the child’s best interest.
What if there’s a disagreement?
If you or the child’s mother can’t agree on things like who the child lives with, how often you see them or where they go to school, you can apply to the court for:
- A Child Arrangements Order
- A Specific Issues Order = To decide a particular matter
- A Prohibited Steps Order = To stop something from happening
Fathers have just as much potential to be active, caring and involved parents as mothers. If you are an unmarried father and unsure where you stand, taking steps to get parental responsibility is crucial in being there for your child emotionally and legally.
If you are in this situation and you are not sure what to do next, please feel free to contact our Family Law Solicitors in Surrey on 0800 011 9813 to receive expert advice from our team.
