Child custody and parenting time

Parents who are not married

Signing a paternity form makes a father the legal parent. A custody order is a separate step.

Federal law requires every state to offer a simple way for unmarried parents to sign a form saying who the father is. It is called a voluntary acknowledgment of paternity. States must offer it at hospitals around the time of birth and at the state birth records office.
Before you sign, you must be told, out loud and in writing, about your other choices, the legal effects, and your rights and duties.
For unmarried parents, the father's name goes on the birth certificate only if both parents signed the acknowledgment, or a court or agency decided paternity.
A signed acknowledgment counts as a legal finding of paternity. A person who signed can cancel (rescind) it within 60 days, or earlier if there is a court or agency case about the child where that person is a party, whichever comes first.
After the 60 days, the acknowledgment can be challenged in court only for fraud, duress (being forced), or a material mistake of fact. The person challenging must prove it. Child support duties usually keep going during the challenge.
Every state must honor an acknowledgment signed in another state.
Signing the acknowledgment makes a father the legal parent. It does not by itself create a custody or parenting-time order. To get a schedule, a parent can ask the court. Rules differ by state.
If paternity is disputed, the state must order genetic tests when a party asks and gives a sworn statement.
Paternity is also the first step to child support. See RobinClaim's Child support section.

Your state's rules for unmarried parents

Last checked: November 2026