Under Florida law, unmarried fathers do not have automatic paternal rights. They must first establish legal paternity in court. After paternity has been established, both mother and father have equal rights and obligations.
An experienced family law attorney can help fathers with the following issues:
- Establishing paternity
- Creating a parenting plan
- Developing custody sharing.
What are the Rights of Unwed Mothers and Fathers
In Florida, the mother becomes the automatic legal guardian of any child born to her out of wedlock, and she will have automatic legal custody. Naming a father on a birth certificate is not sufficient to grant him any paternity rights, including visitation rights, unless the court has ordered the same.
How to Establish Paternity
An unwed father must first establish paternity. According to Florida law, this can be done in the following ways.
- If the father and mother get married following the child’s birth, paternity has been legally established.
- Both the mother and the father need to sign a “Voluntary Acknowledgment of Paternity” form to be filed with the court claiming paternity for the father. This document can be revoked within 60 days of filing.
- The unwed father can petition the court and request that paternity be established, in which case a DNA test will be required.
Florida Child Custody Involving Unwed Fathers
According to Florida law, unmarried fathers will gain custody rights once paternity has been established. When making a child custody decision, the court will consider the following:
- The mental and physical well-being of both parents.
- The ability of both parents to provide the child with a consistent routine.
- If either parent has a history of substance abuse or violence, the court may award custody of the child to the parent without such a history. However, the court may still permit and approve contact with both parents.
- Even with clearly established paternity, the father has no right to take the child without returning the child on schedule. If he attempts to do so, the mother should contact the police.
Establishing a Parenting Plan
When unmarried and/or non-cohabiting parents exist, the Florida court mandates that each parent prepare a parenting plan. This plan should detail how both parents will handle decisions and responsibilities in raising the child, including education, healthcare, and activities.
The plan will also spell out the amount of time the child will spend with each parent.
Legal Custody and Time-Sharing
Custody involves two separate factors. One is legal custody and the other is physical custody. In Florida, legal custody involves decision-making regarding the child, regardless of who has custody. For example, the non-custodial parent has a right to make decisions regarding a child’s medical treatment. Physical custody is the amount of time the child spends with each parent.
The majority of parents share legal custody, i.e., they need to make decisions together and agree on what is in the best interest of the child with regard to, for example, education and medical care. Physical custody, the time the child spends with each parent, can affect the amount of child support ordered by the court.
The parent with physical custody of the child is the parent who should be receiving child custody payments.
Contesting Paternity
It doesn’t happen often. However, there are instances when a man will contest paternity, which, if successful, will end any rights and obligations he has to the child.
Conclusion
Most parents, whether they are married or not, want to be a part of their child’s life. The child benefits from having both a mother and a father. In a paternity dispute, either party can contest it by hiring an attorney or filing forms with the court. These forms are available online or at the library.
The legal process can get difficult, which is why we always recommend that you seek the assistance of counsel; or at least have a consultation. Schedule a consultation with our team today to review the issues of your case, the legal options you may have, and certain rights that pertain to your unique situation.
Have more questions? Let us know by sending an email to: questions@legallotus.legal and we will do our best to develop content to provide you with direction and insight!
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