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The rights of unmarried fathers in Florida

On Behalf of | Feb 27, 2020 | Divorce, Family Law |

Like most states in the U.S., Florida law automatically grants the mother sole custody of a child born outside of marriage. Even if his name is on the child’s birth certificate, an unmarried father must establish his paternity before the courts grant him any legal rights.

A father can establish paternity in two ways. The easiest method is to acknowledge paternity voluntarily. The Florida Department of Health provides access to the Acknowledgement of Paternity form online. Both he and the mother must sign the form in the presence of two witnesses or a notary public and mail it to the State Office of Vital Statistics. He is now the legal father of the child.

Sometimes, however, a mother will deny the father’s parentage. In these cases, a father can seek a court order to gain access to his rights. He must take a court-mandated DNA test to prove his biological paternity. Once paternity is established, the father has the right to seek custody and visitation and is now responsible for providing financial support.

The unmarried father’s rights are now equal to those of a divorced father. He can choose to seek either joint custody or visitation rights. FindLaw notes that Florida refers to these arrangements as “time sharing.” If he seeks joint custody, he and the mother work out a plan for the child’s medical welfare, schooling and living arrangements with court approval. Alternatively, he may only seek visitation rights. In this situation, he and the mother create a court-accepted visitation schedule that works for both parents and is in the best interests of the child.

How our attorneys can help unmarried fathers

Our 50-plus years of combined legal experience serving the Stuart community has equipped us with a deep understanding of the importance of father-child relationships. Our seasoned attorneys and paralegals collaborate as a dedicated legal team to help unmarried fathers establish and protect their legal parental rights. This commitment is reflected in our top 10.0 Avvo rating and strong 4.6 rating on Lawyers.com.

Establishing paternity requires careful attention to legal procedures and documentation. Even cases that seem straightforward can face complications when paternity is contested, child support calculations grow complex or time sharing arrangements become contentious. Our experienced legal team, having handled over 500 cases, knows how to navigate these challenges effectively for a fair outcome.

Our proven four-step approach can ensure thorough handling of your case. We can begin with an initial consultation where you will meet directly with an experienced lawyer to discuss your unique situation and begin essential legal documentation.

During the discovery phase, we can handle the service of papers and required documentation within the 45-day timeline. The mediation phase follows, where we can work toward agreements on paternity, time sharing and support. If mediation fails, we can provide comprehensive trial representation if needed.

Once paternity is established, we can create comprehensive parenting plans that address the following:

  • Time sharing schedules and holiday arrangements
  • Educational and health care decisions
  • Transportation logistics
  • Communication protocols between parents
  • Child support calculations and modifications
  • Future dispute resolution procedures

As a small firm by choice, we provide personalized attention to every father’s rights case we handle. That means always working directly with an attorney and a carefully selected paralegal who will put themselves in your shoes to relate to your unique situation. Our legal approach combines small-town attentiveness with big-city results, as demonstrated by our 80% success rate in reaching agreements during mediation.

Whether through voluntary acknowledgment or court-ordered DNA testing, do not delay in establishing your parental rights. Early action is the key factor for building a strong foundation for your relationship with your child. Our team can manage the entire legal process.

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