Your Legal Rights as an Unmarried Father in South Florida

Becoming a dad is an indescribable, unparalleled, life-altering experience. A brand-new, tiny human will instantly trust you, rely on you, and seek to emulate you. It’s the birth of a life-long adventure and relationship for both you and your new baby. In Florida, if you are married to the mother of your child, the state instantly grants all the rights and responsibilities of fatherhood to you. If you are not married to the mother of your child, there are steps you need to take to gain full rights to your child.

To establish paternity, you and the baby’s mother will need to sign a “Voluntary Acknowledgement of Paternity” and file it with the court. Even if the mother lists you as the child’s father on the birth certificate, you still need to submit the Voluntary Acknowledgement of Paternity for the state to grant you legal paternity rights.  It’s important to note that either you or the baby’s mother can choose to revoke the form within 60 days of submission. If the form is not submitted or is revoked, then the baby’s mother retains all legal rights to the child. In that case, you will need to file a petition with the court to establish your paternity. Typically, the courts will require you and the baby to undergo DNA testing to confirm that you are the father.

Once your paternity rights are established, you and the baby’s mother will need to establish a parenting plan and child support payment agreement. If the two of you are unable to agree on a plan, the court will create one for you, which you and the baby’s mother are required to follow.

The parenting plan includes two parts: time-sharing and legal decision-making. Time-sharing is the amount of time that the child physically spends with each parent. In Florida, the courts presume that the child should have equal time with each parent unless one parent convinces the court otherwise. The factors that the court considers include each parent’s:

• Ability to maintain a stable home environment with a consistent routine
• Mental and physical ability to care for the child
• History of domestic violence, child neglect, and substance abuse
• Moral fitness
• Ability and interest in honoring the time-sharing schedule

Legal decision-making includes making all major decisions in your child’s life. This includes decisions about:

• Health, medical and surgical decisions
• Where to attend school, extracurriculars
• If and where to attend camp
• Choice of religion and level of observance
• Applying for a passport

Becoming a father is one of life’s most emotionally rewarding experiences. If you are not married to your baby’s mother and are unable to submit a Voluntary Acknowledgement of Paternity to gain your parental rights, call Troy Legal right away. We will fight for you to gain your rightful access to your child and become an active part of their life and upbringing.