Paternity is the word used to define the state of being someone’s father. Some states require that the paternity of the child be established prior to or in the course of custody proceedings.

In family law across the United States, if a married couple has a baby, the legal presumption is that the husband in that family is the father of the baby. But when a child is born outside of marriage, there is no legal presumption of paternity. Without establishing paternity, an unwed father has no legal standing as it relates to visitation, shared custody or the ability to make decisions about the welfare of the child.