How to Sign Parental Rights Over to the Father

Paternal rights for unmarried men are, for the most part, at the discretion of the state and historically, these rights are limited, compared to those granted to unmarried mothers. Even fathers who want to assume custody of their child when the birth mother chooses to place the child up for adoption have to meet a burden of proof that there is an existing relationship between him and the child. To prove that a relationship exists, courts will look at the father's involvement in the child's life. However, custody can be easily established without the involvement of the court.

Things You'll Need

  • Child's birth certificate with the father's name (if available)
  • Custody agreement
  • Notary public
  • Petition for child support (from the local family court)

Instructions

  1. Granting Paternal Custody

    • 1
      Establish Paternity

      Establish the paternity of the child. This can be achieved if the unmarried father's name is on the child's birth certificate with his consent, if he and the child's mother were married and the child was born within 300 days after the marriage ended, if he pays child support voluntarily or by court order, if he has lived with the child and openly claimed the child as his, or if he acknowledges paternity in writing.

    • 2
      Discuss Custody

      Discuss the custody agreement with the child's father. The parent who has physical custody will have full parental rights. This means that if the mother wants to assume custody at a later date, it will be at the discretion of the custodial parent, and if he refuses, the only recourse is family court. If the custody agreement is meant to be a temporary arrangement, it may be a good idea to place the terms in writing and have the document notarized, or have the terms set in family court prior the transfer of custody.

    • 3
      Child Support

      Discuss an equitable child support arrangement, if applicable. This arrangement does not require the involvement of the court; however, if there is any doubt that the arrangement will not be upheld, a petition for child support can be filed in family court.

      If the arrangement is agreed upon without the involvement of the court and is not upheld, a petition can still be filed at a later date, although the terms may not equal what was originally discussed.

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