Ask Mr. Dad: Unmarried dads have rights, too

Dear Mr. Dad: My girlfriend is pregnant, and we’re having some major relationship problems. I don’t think we’re going to make it. I’ve been very open about wanting to be a big part of our child’s life no matter what, but she has already started excluding me. She doesn’t tell me when her doctor visits are and refuses to take a labor and delivery class with me. I’m worried that she’ll keep excluding me after the baby arrives. What can I do? Do I have any rights here?

A: Over the years, I’ve interviewed a number of attorneys about this exact subject, and many of them have told me the same thing: that dads – even if they’re not married to their child’s mother – have almost as many rights as mothers. But they almost always add that courts are generally more likely to enforce mothers’ rights than fathers’.

Before you do anything else, I suggest that you talk with a lawyer. If you’re worried about the money, there are a lot of organizations that offer free or low-cost advice, as well as help filling out all the papers and getting them to the right places at the right time. It’s essential that you do this now: Mistakes made in the early stages of a custody issue can lead to all sorts of problems later. Be aware that many legal clinics are reluctant to help fathers.

Once you’ve got that process started, take a few minutes and think about what may be going on in your soon-to-be-ex’s mind. To start with, all those pregnancy-related hormonal ups and downs can affect her behavior. Besides that, being a single mother isn’t easy, and she’s probably concerned about making ends meet, day care, where she’s going to live and how she’s going to be able to raise a child by herself.

You have three goals: first, to show her that you understand what she’s going through; second, to show her that you really want to be involved in your child’s life; and third, to make sure that involvement actually becomes a reality. Something as simple as telling her you’ll help her pay for child care and cover it when your schedule allows when she goes back to work (assuming that’s true), will help you achieve all of those goals.

There’s also a fourth goal, although this one’s harder to accomplish: to educate her about the many ways your involvement will benefit the baby and her (besides providing support, which, of course, you’re legally and ethically obligated to do). For example, your involvement during the pregnancy reduces the risk that the baby will be born prematurely and that the mom will suffer from postpartum depression.

If the two of you can’t have a civil discussion – or at least a rational one – see if you can find someone you both trust to make your case.

Hopefully, her current, unreasonable attitude will turn out to be temporary. Once the baby is born and she has the time to recover, her thinking might be less guided by emotions and more by the desire to raise the child in the best possible conditions – that is, with the presence of a loving and supportive father.

If she doesn’t reach that conclusion on her own, talk to your lawyer about what you need to do to ensure that your rights (and your child’s) are protected. And don’t forget about your responsibilities. Putting money aside for your child (starting now) and documenting everything you do to fight for your right to see him or her will show a judge that you’re committed to being an involved dad.

Read Armin Brott’s blog at www.DadSoup.com, follow him on Twitter, @mrdad, or send email to armin@mrdad.com.