Law and Ethics Practice Exam 2026 - Free Practice Questions and Study Guide

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What must occur if paternity is not established between an unmarried couple?

Mother has full custody

Father must prove paternity before consent

The situation regarding paternity and custody when an unmarried couple has a child is governed by legal principles aimed at protecting the rights of the child as well as the interests of both parents. When paternity has not been legally established, the father does not have automatic rights regarding custody, visitation, or the ability to make decisions about the child's welfare.

In this context, the assertion that the father must prove paternity before he can give consent is accurate because, without a legal acknowledgment of paternity, the father has limited rights concerning the child’s upbringing. If paternity is not established, he cannot participate fully in parental responsibilities or rights, which is essential for things such as healthcare decisions, educational choices, or applying for benefits that the child might be eligible for through his lineage.

While the mother may have more immediate custody rights as the biological parent, without establishing paternity, the father's rights remain significantly restricted. Establishing paternity is critically important for both parents to become involved in the child’s life to the fullest extent permitted by law. This process ensures that both parents have the opportunity to be recognized legally, thereby allowing for shared responsibilities moving forward.

Other options, while relevant to the broader discussion of parental rights, do not capture the necessity that the father

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Either parent can consent

The court must make a decision

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