As an unmarried father in Florida, it’s heartbreaking when the mother of your child doesn’t want you to be as involved in your child’s life. You know that your child needs his or her father, and you’re ready to be there for them. But do you have any legal right to petition a court for shared custody of your children if you never married the mother of your child?
An important Florida statute, sometimes known as the “Natural Guardianship” statute, states that the mother is generally considered the natural guardian of a child born out of wedlock with no legally established father.
In other words, when an unmarried couple have a child, and the father hasn’t established paternity, custody is generally presumed in favor of the mother. However, this does not mean that you have no rights as a father, and it certainly doesn’t mean that you cannot petition the court for your fair share of time with your child. But first you must become legally recognized as the father.
Establishing Paternity
As an unmarried father, establishing paternity is the first crucial step in securing your rights to child custody or visitation. Paternity can be established in two ways: by signing a voluntary acknowledgment of paternity at the time of the child’s birth or through a court order. Your attorney can help you through the paperwork and take care of the filing for you.
Once paternity is established, you will have the legal standing to request custody or visitation rights through the court.
Petitioning for Custody or Visitation
Once you file a petition for custody or visitation rights, the court will consider several factors to determine what is in the best interest of the child. These factors include, but are not limited to, the emotional ties between you and the child, your ability to provide for the child, and the stability of the home environment.
It’s important to note that, once paternity is established, Florida courts do not show a preference for mothers over fathers. The primary concern is the child’s welfare and best interests. This means that, if you can demonstrate that your involvement is beneficial to your child’s development and well-being, you stand a good chance of being granted custody or visitation rights.
Fathers are just as important as mothers for providing a happy and healthy upbringing. Hiring an attorney and jumping through the legal hoops to get there can be frustrating, but it will all be well worth it if you can establish a shared parenting plan that gives you the opportunity to be part of your child’s life.
