Unmarried But Fathered a Child: What Are My Rights?

Under Florida law, an unwed mother is automatically the child’s legal custodian. Therefore, the mother has the legal right to deny the father the right to visit their child. Even if the father’s name is on the child’s birth certificate, the father is not automatically awarded legal rights. The mother can allow the father visitation if she wants to.  The mother has the right to decide visitation limits and restrictions.

If the father and the mother decide to get married the father automatically becomes the child’s legal father. Upon marriage, the father shares the same parental rights as the mother.  The father will not have to file a paternity action because the marriage legitimizes the child.

What if I have no plans to marry the mother of my child?

If you fathered a child but are not married to the mother and have no plans to marry the mother in the future, you can assert your parental rights by first establishing paternity. By establishing paternity and filing a paternity action, you can be named the child’s legal father. With parental rights, you will be able to seek parental rights, time-sharing, and decision-making rights.

How do I establish paternity?

If you agree

If you and the mother of the child agree, you can sign a “Voluntary Acknowledgment of Paternity form and file it with the court. If neither of you revokes the acknowledgment form within 60 days, Florida courts will recognize you as the legal father and be awarded parental rights.

If you do not agree

If you and the mother do not agree, you can file a Petition to Determine Paternity and Related Relief form. By filing the petition you are asking the court to establish paternity, a time-sharing schedule, and child support. The court may ask you to undergo a scientific paternity test or DNA test to prove that you are the child’s biological father. Once it’s been established that you are the child’s biological father, the court will create a custody plan, time-sharing schedule, and calculate child support.

How court decides

Florida courts make custody decisions based on the best interests of the child. In establishing timesharing the courts look to several factors to make a determination. The courts will consider both the physical and mental health of you and the child’s mother. Another factor the courts will consider is each parent’s ability to provide a consistent routine for their child. The court will look at your plan to divide parental responsibility. The court will also take into consideration any history of domestic violence or substance abuse.

As the father of the child who is not married to the child’s mother, it’s natural to feel that you may not be awarded fair time-sharing. It’s also possible that you may want full custody of your child. Before you decide to represent yourself to assert your parental rights, consider having an experienced family lawyer to guide you and help protect your rights.

If you would like to discuss the specifics of your paternity case or need help with understanding time-sharing and Parenting Plans, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/.

Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.

For convenience, all consultations are by telephone or video conferencing. Attorney Diaz practices exclusively in divorce and family law issues in Florida.