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How to Be Considered a Legal Father in Arkansas

We have never been married, and my husband is not listed on the birth certificate, but plans on being. Will he get every weekend or every other weekend? How does that work? He works all week but I only work 2 days a week at a restaurant off by 4pm. He is with me and my husband at all times. If I’m at work and so is my husband my parents watch him.

There are only two ways to be a legal father in the state of Arkansas–be married to the mother at the time of birth, or pursue an order of paternity through the courts.

You mention that your child is 2 months old and that you are married. If you were married to your husband at the time of birth, he is the legal father of your child. If you married your husband after the birth of your child, then he does not have a legal father. Putting a name on a birth certificate does not establish paternity. Just think about it–if you put Bill Gates on the birth certificate, would that make him the father? The biological father can file for an order of paternity in the Court. If that happens, and if he is in fact the biological father, the Courts will enter an order that will also establish child support, custody and visitation.

Each county has a standard visitation schedule and the visitation would be in line with that schedule. In NW Arkansas, the standard visitation is one night a week and alternating weekends, with special provisions for holidays and summers. With a child that young, visitation is not normally overnight. I would strongly recommend that you talk to an attorney in your area experienced in family law.