Becoming a parent is life-changing, but if you are not married to your child’s mother, you may be unsure as to your legal rights and responsibilities. Many unmarried fathers worry that they have fewer rights than mothers, or that they will struggle to be recognised equally as a parent. The reality is far more positive than you might think, but there are also some important legal rules to understand.
Key Takeaways
- Parental responsibility is the legal authority a parent has to make important decisions about a child’s upbringing, including education, healthcare, and living arrangements.
- Unmarried fathers can have the same legal rights as mothers if they obtain parental responsibility, either automatically (such as through being named on the birth certificate) or by agreement or court order.
- Howell Jones provides expert legal advice to help unmarried fathers secure parental responsibility and establish arrangements to spend time with their children.
What Is Parental Responsibility?
Parental responsibility refers to the legal rights and duties a parent has relating to their child. It gives you the right to have a say in decisions such as:
- where a child will live,
- the child’s schooling,
- the child’s healthcare and consent to medical treatment,
- determination of a child’s religious upbringing,
- choosing a child’s name and registering that name,
- decisions as to whether the child can leave the country for holidays or to live on a more permanent basis,
- decisions relating to a child’s general upbringing.
Who Has Parental Responsibility?
- A Mother automatically has parental responsibility for her child from birth;
- Fathers who are married to a child’s mother at the time of the child’s birth automatically have parental responsibility;
- Fathers who are not married to the child’s mother at the time of the child’s birth, but who are named on the child’s birth certificate (and the child is born after 1st December 2003).
How Can an Unmarried Father Obtain Parental Responsibility?
If you were not married to your child’s mother at the time of their birth, nor are you listed as the child’s father on their birth certificate, you can still obtain parental responsibility for your child. There are three main ways that you can do this:
- Parental Responsibility Agreement: This is a formal written agreement reached with the child’s mother and witnessed by a court. It allows the parent who does not have parental responsibility (or another adult) to gain parental responsibility for a child without needing a court order.
- Parental Responsibility Order: If agreement is not possible, you can make an application to the Family Court for a Parental Responsibility Order.
- Child Arrangements Order: In circumstances where a “lives with” order is made by the court that your child should live with you, if you do not automatically have parental responsibility, a Court will usually grant parental responsibility as part of that Child Arrangements Order.
What About Spending Time With My Child?
Even if you do not have parental responsibility, you can still seek to spend time with your child or make an application to the court for a Child Arrangements Order to spend time with your child, if agreement is unable to be reached and family mediation has first been attempted.
Contrary to negative reports in the media, the law does not give preference to mothers over fathers; the Courts’ only concern will be the child’s welfare. Generally, the courts recognise that it is in a child’s best interests to spend time with both of their parents, except for in circumstances where there are serious welfare concerns resulting in a risk of harm to the child.
Financial Responsibilities
It is important to note that financial responsibility is entirely separate from parental responsibility. Even if you do not have parental responsibility, a father is still legally obliged to contribute to their child’s upbringing. The Child Maintenance Service (CMS) deal with child maintenance to ensure that children are supported financially.
How Howell Jones Can Help
Every family’s situation is unique. If you are an unmarried father and want to understand your rights to obtain parental responsibility for your child, or you wish to secure arrangements to spend time with your child, our experienced family lawyers can guide you through the process with sensitivity and expertise.
Contact our Surrey family law team at Howell Jones Surrey Solicitors to get professional and practical advice tailored to your individual circumstances.
