Who Has Parental Rights?
Many women believe that because they gave birth to a child, they automatically have greater legal rights than the father. This is not necessarily the case. Because both a mother and father contributed in their own way to the conception of the child, both parents may have equal general parental rights. Important rights must be determined by the court or by the parties, and an order must be signed by the court to have enforceable legal rights. However, the issue is not always so easy, particularly when paternity (parentage) is contested or unknown. In order to determine the identity of both parents and establish their respective parental duties and rights, an original Suit Affecting the Parent-Child Relationship (SAPCR) must be filed. Once parentage is established, the original SAPCR action can proceed to the court, where conservatorship and other parental rights, such as the awarding of visitation and child support payments, will be established.
