Until a judge rules otherwise, you have the same parental rights as a mother as a father. Furthermore, a judge cannot base custody decisions on a parent’s gender. Even still, some fathers consent to less-than-ideal parenting arrangements and schedules because they believe the court will favor the mother of their children. You must defend your parental rights if you want to maintain them.
In this guide, we’ll explore fathers’ rights in Florida and everything you need to know about fighting for them in the wake of separation or divorce.
Florida Fathers’ Rights Laws and Key Information
Establishing Paternity
In Florida, the spouse is assumed to be the kid’s father when a married couple has a child. But what are the unmarried fathers’ legal rights to custody? Until paternity is confirmed, an unmarried father in Florida has no legal entitlement to custody or timesharing. The mother has sole legal and physical custody of the children until paternity is formally recognized by the courts.
According to Florida law, both parents are required to support their children financially. For some single mothers, receiving financial support from the father may not be a top priority. As a result, they may not take any steps to establish paternity and are not obligated by the court to provide the father with timesharing. What transpires if the father chooses to seek a relationship with the young child? Florida does not have an even split custody presumption rule. But if the father goes through with it and proves his paternity, he can be granted shared parenting responsibility and even split timesharing.
Protecting the Father’s Rights
If you are single in Neptune Beach and haven’t proven your paternity, you have no legal claim to custody or visitation rights. If you’re not married and you’re going to be a parent soon, you might want to speak with a lawyer before the baby is born and before signing the birth certificate. Although this may seem harsh, you are only making sure that your rights are upheld moving ahead. Why may this be a crucial initial step? You have the right to ask the courts in Florida to recognize legal fatherhood. However, if you sign the birth certificate after a child is born and you are single, you could still be held financially liable until paternity is confirmed even if you later learn that you are not the child’s biological father.
Both mothers and fathers are crucial and significant figures in a child’s existence. The courts will support a father who wants to develop a meaningful relationship with their child, even if there are numerous situations where a parent’s actions may not be in the child’s best interest. This implies that you will have a court order protecting your rights to timesharing and custody as well as being prepared to financially support your child. Though failing to pay child support is a significant issue, the mother cannot refuse to share time with the child once a timesharing agreement has been made.
You should submit an Acknowledgement of Paternity to the court if you are not married to the mother of your kid. A Joint Parenting Plan that outlines each parent’s roles and rights concerning raising children is also an excellent idea. If you live apart from your child, you need also to have written Child Support Orders filed with the court.
A court may order a man to provide support for a kid while paternity is being established if it determines there is cause to believe the man is the child’s biological father. This can occasionally lead to a man paying child support for a kid who is subsequently found to not be his own, or even when he does not have the legal or parental rights to make decisions for the child. Potential fathers have been represented by the attorneys at Griffin Family Law, PLLC in numerous instances, and they have worked to uphold their rights both during and after paternity hearings.
Different Types of Custody in Florida
Legal custody is the right to decide on significant matters (such as your children’s health, education, etc.). Most parents have joint legal custody of their children. The actual care and residence of the children are referred to as physical custody.
When parents share physical custody, they usually spend time with their kids but not necessarily equally. It is referred to as sole physical custody when only one parent has physical custody of the children, and that parent provides the majority of care. The other parent in this situation might get to see the children occasionally.
There are numerous justifications for giving one parent sole physical custody. It might be essential because the other parent uses drugs, maintains a dangerous household, is abusive or inattentive, etc. Additionally, it might take place if the other parent accepts the agreement.
There is no justification for why you shouldn’t be granted joint physical custody if you are a good parent. You only need to request it and provide evidence of how it would help your kids. Likewise, unless you must defend your children from their mother, fighting for sole physical custody of your children makes little sense. Always put your children’s needs first when choosing the type of custody, you want.
You have rights as a father, and a child custody law firm like Griffin Family Law, PLLC can help you get the custody you seek in the state of Florida. Call our firm today at 904-593-3889 to speak with a Neptune beach child custody lawyer and set up a free initial consultation.
What Can a Child Custody Lawyer Do for a Father Who Wants Custody of Their Child?
If you’re a father going through a divorce, you might think that your rights are limited, the court will automatically give the mother custody, that you’ll just have to accept having a small involvement in your children’s upbringing, and that you’ll have to take a big financial blow. That is untrue. A qualified child custody attorney will be knowledgeable about family law issues, fight to safeguard your rights, and work tirelessly to secure the best outcome for both you and your child.
Child custody attorneys in Florida work with men at every stage of a divorce or family law case, from the initial filing and temporary decisions about child custody, visitation, and support to post-judgment requests for modifications of existing court orders. They will handle all divorce and family law-related issues, including:
- Custody of the child and parenting time. For the majority of men, reaching a fair custody and parenting time agreement during a divorce is of utmost importance. A capable child custody attorney will assist you in creating and carrying out a plan that is in your children’s best interests while also enabling you to have a significant impact on their growth and development.
- Parental assistance.
- Alimony or assistance for a spouse.
- Paternity.
A capable child custody attorney will always make every effort to lessen the financial effects of your divorce by attempting to shorten the duration or lower the amount of support that must be paid. A reputable firm will have developed a reputation for honesty and moral advocacy. According to Griffin Family Law, PLLC’s experience, Duval County judges will uphold and respect a father’s legal rights so long as he makes his case in court. We’ll ensure that your voice gets heard as soon as humanly possible.
Griffin Family Law, PLLC Will Fight for Your Rights as a Father in a Child Custody Battle
In Florida, custody disputes are a common occurrence. The most significant aspect of your life is raising children. In addition, issues that arise from disputes over parenting styles are frequently the cause of divorce.
Children’s lives can be negatively impacted by divorce. In every family court matter, the experts at Griffin Family Law, PLLC place a high premium on protecting your children’s physical and mental well-being.
You have a right to be as involved in your children’s lives as the mother if you are a father. The Neptune Beach child custody lawyer at Griffin Family Law, PLLC is ready to fight for your rights to equal parenting time as your preferred child custody law firm. Unless there are difficulties like domestic violence, mental health issues, or alcohol or drug misuse by a parent, Florida courts can grant significant, meaningful, and frequent amounts of parenting time. Keep in mind that your children’s safety is always paramount.
Allow our skilled Florida child custody attorney to manage the custody dispute and provide you with strong legal representation. You should take care of yourself and enlist the aid you require for your children. Our responsibility is to represent you in custody and family law matters in Neptune Beach and surrounding Florida areas. We represent single people, married people, and families all around Florida. You can negotiate Florida’s intricate child custody rules with the assistance of our skilled family lawyer.
For more details about our wide range of services, get in touch with the staff at Griffin Family Law, PLLC right away. Call 904-593-3889 or complete our online form to arrange a meeting with a qualified Neptune beach child custody lawyer. We want to assist you in protecting your fatherhood rights.
Additional Reading
ARE YOU STILL OBLIGATED TO PAY CHILD SUPPORT IF YOU LOSE YOUR JOB?
