The Rights of Unwed Fathers in Florida Custody Matters

Some of Florida’s newest laws address the rights of fathers in child custody hearings. The Florida courts are now required to default on giving fathers equal time-sharing when it comes to child custody. There is also a presumption in favor of shared custody. Further, Florida has clarified the rights of unwed fathers. In this article, the Largo, FL, child custody attorneys at Cairns Law, P.A. will discuss paternity matters for unwed fathers.

Establishing paternity in Largo, FL 

The first step in establishing your parental rights as an unwed father is to establish paternity. Florida describes custody and visitation rights in terms of parental responsibility and time-sharing. Parental rights include the authority to make key decisions on behalf of your child, such as healthcare, education, and religious instruction.

A prospective father can establish paternity in numerous ways if the child is born out of wedlock. These include:

• Marriage – You and the child’s mother can get married. Your paternity would be established vis-à-vis the marriage.
• Acknowledgment – When both parents agree, the father can sign a “Voluntary Acknowledgment of Paternity” and file it with the court. The form can be revoked by either party after 60 days.
• DNA test – If paternity is in dispute, the court can order a DNA test to establish paternity.

Fathers who establish paternity can give their child health insurance, among other benefits.

Unmarried fathers and custody agreements 

Florida courts are required to make custody decisions based on the best interests of the child. The Florida courts presume that it is in the child’s best interest to have both parents play an active role in their life. Further, the Florida courts presume that equal parenting time is in the child’s best interests. These rules overturned traditional presumptions that favored mothers during custody hearings.

To determine the best interests of the child, the court will consider the following elements:

• The mental and physical health of both parents
• Each parents capacity to provide the child a consistent routine
• A history of substance abuse or domestic violence
• The manner in which the parents plan to divide parental responsibility

To overturn the presumption that both parents should have access to the child, the court will have to come to some conclusion regarding both parents’ fitness to raise a child. The Florida courts may award sole custody to one parent when the other has an active drug abuse problem or causes harm to anyone in the household.

Talk to a Large, FL, Paternity Lawyer Today 

Do you want to establish the paternity of a child? Call the Largo family lawyers at Cairns Law, P.A., today to schedule an appointment and learn more about how we can help.