Father’s Rights in Florida

You need an experienced father’s rights attorney to fully establish your parental rights. Fathers of children born out of wedlock do not automatically enjoy full parental rights under Florida law. This is true even if the father is named on the child’s birth certificate. This is also true even if the father has been ordered to pay support for the child through a Department of Revenue action.

Until a father has legally established paternity and a court has made orders for custody (time-sharing) and parental responsibility, the mother has sole custody of the child and the right to make all decisions with regard to the child.

I am not on my child’s birth certificate, what Father’s rights or Parental rights do I have?

Assuming you are not married to the mother, you legally do not have rights to custody or physical possession of your child.  You do not have the legal right to make decisions for the child for medical, educational, or other purposes.  Also, you do not have the right to medical, education or other information about your child.

I am on my child’s birth certificate but not married to the mother.  What are my Father’s rights or Parental rights?

While being on your child’s birth certificate can establish that you are the father, rights to physical custody or time-sharing and decision making will need to come from a court order.

You do have the right to file a paternity case and to fully establish your rights as a Father.

When I establish my Father’s rights under Florida paternity law can I have full custody?

Your circumstances and the mother’s circumstances will greatly influence the time-sharing schedule ordered by the court.  You can ask the court to order what you want, however that may not be what you get.  There are many factors the court must consider in making a time-sharing decision.  Your request for custody or time-sharing should be reasonable under the circumstances and consistent with factors the court will consider.  Assistance from an experienced father’s rights attorney will give you a better chance to get the outcome you desire.

Until a court establishes you as the father and makes orders for your involvement with the child, the mother can make all decisions and has full custody of the child.  Until your rights are established the mother can move with the child without your permission or the permission of a court.

Please contact me at any time to further discuss Paternity & Father’s Rights.