Fathers’ Rights Under Florida Law

Under Florida law, you have as much right to spend quality time with your child as your child’s mother has, whether or not you were legally married to your child’s mother. If you’re seeking more time with your child and more control over the circumstances of your child’s life, an experienced family law attorney can address your questions and concerns about fathers’ rights to custody.

Paternal Rights

As recently as the 1970s, Florida family courts almost always presumed that children were best off in the custody of their mothers. Within the past decade, though, Florida law has done away with the concept of legal custody and now supports shared parenting arrangements. Shared parenting arrangements are detailed in parenting plans, which are included in any settlement agreements that follow the dissolution of a marriage.

If parents are unable to agree to a parenting plan, the court will establish one. Since this eliminates the amount of control each parent has over the situation, however, it’s in parents’ best interests to work cooperatively on their parenting plan.

Although Florida law does not distinguish between the rights of married and unmarried parents, courts may require a DNA test to verify paternity in cases where parents were not married to one another. Fathers will also need to file with the Florida Putative Father Registry.

What Does a Parenting Plan Include?

Parenting plans are proactive documents that are designed to anticipate a child’s needs. They include details about how a child’s time will be divided between the two parental residences on a daily basis, how holidays will be managed, and provisions for education and health care. Either parent can petition the court to modify the initial parenting plan if there have been significant changes in parental circumstances, and modifications can be demonstrated to support the best interests of the child.

Child support is not addressed through parenting plans but is determined independently through the Florida Child Support Guidelines. You can find out more about a father’s rights to custody under Florida law by speaking with an attorney who focuses on family law.