In Florida, if you’re an unmarried father, you need to take specific steps to establish your parental rights. This means that even if your name is on your child’s birth certificate, you still need to legally establish paternity. In simple cases, parents can sign a written agreement to confirm paternity.
Alternatively, the court can determine paternity through a child support case with the Department of Revenue or a family court case to establish parental responsibility, timesharing, and child support. Establishing paternity is essential before child support and timesharing arrangements can be made.
In more complicated situations, where paternity is uncertain or where the mother was married to someone else when the child was born, a simple agreement won’t be enough. In these cases, the court may require DNA testing to confirm paternity. Once paternity is established, the court can then decide the father’s rights and responsibilities. These include timesharing and participating in major decisions for the child, as well as financial obligations like child support.
A rather recent change in Florida law has greatly impacted the rights of unwed fathers. On July 1, 2023, Governor Ron DeSantis signed a new law that recognizes the rights of unwed fathers. The new law gives fathers the same rights and responsibilities as mothers. This means fathers who have established paternity can actively participate in their child’s life. However, disputes may still arise over timesharing, child support, or other child-related issues. In such cases, the court may need to step in to resolve conflicts and ensure the child’s best interests are served. On the contrary, if paternity has not been established, the mother retains the right to primary residential care and custody of the child, unless a court order states otherwise. Fathers must file a paternity action to establish their legal rights as fathers.
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Understanding these changes and knowing your rights can be challenging. Establishing paternity is crucial for unmarried fathers to secure their parental rights and responsibilities. For fathers seeking to understand these legal changes and ensure their rights are protected, professional guidance is necessary. Holly Mantle offers expert legal assistance to help you navigate the complexities of Florida’s paternity laws. With Holly’s support, you can confidently establish and exercise your rights as a father.
Contact Holly Mantle today to learn how she can help you secure your paternal rights and ensure the best outcome for you and your child.