Parental Rights of Unmarried Parents in Pennsylvania

26 Oct 2025, by Postali Content in Family Law

Written by Timothy Czekaj

Historically, a parent’s marital status has had a significant impact on their legal rights. Today, many parents have children outside of marriage, and the law has evolved to reflect modern family dynamics. In Pennsylvania, unmarried parents have nearly the same rights as married parents, but the steps to establish and protect those rights can differ.

If you are an unmarried mother or father seeking guidance on child custody, child support, or paternity matters, contact the New Bloomfield family lawyers at Czekaj Law, LLC at (717) 275-9770 .

How Parental Rights Differ for Unmarried Parents

If you are married at the time of your child’s birth, Pennsylvania law automatically presumes you are the mother and father. No additional legal steps are required to establish your parental rights, and your names are simply listed on the birth certificate.

Legal Steps for Unmarried Parents

For unmarried parents, the presumption of parentage is not automatic.

The birth mother is presumed to be the child’s mother.
There is no automatic presumption for the father, even if in a committed relationship.

Unmarried fathers must acknowledge paternity voluntarily or prove it in court to establish legal rights. If you need assistance with proving paternity, contact a family court lawyer.

Rights of Unmarried Mothers

Even if unmarried, mothers retain full legal and physical custody rights of their children.

Key Rights

Place their name on the child’s birth certificate
Make major decisions for the child’s welfare
Care for and protect the child

Establishing Paternity and Child Support

Unmarried mothers may need to establish paternity to secure child support if the father does not voluntarily acknowledge parentage. This typically involves:

Petitioning the court for a genetic/DNA test
Legally establishing paternity once the test confirms biological parentage

Once paternity is established, the father can also seek physical and legal custody, making it important to work with a Pennsylvania custody lawyer to understand your options.

Rights of Unmarried Fathers

Being unmarried does not diminish a father’s rights to custody or visitation.

Voluntary Acknowledgment of Paternity

If the parents are on good terms, fathers can acknowledge paternity at birth and collaborate with the mother to:

Develop a parenting plan
Establish child support arrangements
Formalize agreements through state authorities or legal counsel

When Legal Action Is Necessary

If the mother does not cooperate, fathers may need to petition the court to:

Establish paternity
Place their name on the birth certificate
Seek physical and legal custody

Responsibilities After Paternity Is Established

Once paternity is legally recognized, fathers have the right to maintain a relationship with their child and may also have financial responsibilities such as child support. In some cases, the court can also require the mother to contribute financially if appropriate.

How Our New Bloomfield Family Attorneys Can Help

Navigating parental rights as an unmarried parent can be a complex process. With widespread misinformation online, it’s crucial to have expert legal guidance.

What We Offer

Explain the steps to establish and protect parental rights
Assist in formalizing parenting plans and child support arrangements
Provide compassionate, clear guidance throughout the legal process

Our New Bloomfield family attorneys at Czekaj Law, LLC are here to help unmarried mothers and fathers ensure their children’s best interests are protected.

Contact Czekaj Law, LLC Today

Our New Bloomfield family attorney from Czekaj Law, LLC, is here to guide you through the process of establishing and protecting your parental rights, including helping you formalize a parenting plan.