For unmarried parents in Florida, legal rights to a child depend on paternity. Until paternity is established, the mother is the child’s natural guardian. Once it is established, both parents share rights and responsibilities. A Tampa parental rights lawyer can guide either parent through the process.
Paternity Comes First
When a child is born to unmarried parents, Florida law treats the mother as the natural guardian with primary custody until paternity is established. A 2023 change to section 744.301 of the Florida Statutes provides that once a father establishes paternity, both parents are natural guardians with equal rights and responsibilities. Before that point, the father has no enforceable right to time-sharing or decision-making, even if he is named on the birth certificate.
How to Establish Paternity
Florida recognizes several ways to establish paternity. The parents may sign a voluntary acknowledgment of paternity, a notarized document that becomes a legal establishment of paternity 60 days after signing. Either parent may also file a court action to determine paternity, and the court can order genetic testing if paternity is disputed. The Florida Department of Revenue can establish paternity through its own administrative process as well.
Time-Sharing and Parental Responsibility
Establishing paternity makes a father a legal parent, but it does not by itself set a schedule. A specific time-sharing schedule and an allocation of parental responsibility must be set through a court action. The court applies the same best-interests standard it uses in any case, which is explained on the child custody page, and it approves a parenting plan for the parents to follow.
Child Support
Once paternity is established, the father has the same support obligation as any parent. Either parent may seek child support, calculated under Florida’s guidelines, through a court action or through the Department of Revenue. A St. Petersburg child support lawyer can pursue or respond to a support claim.
The McKinney Law Group represents mothers and fathers in paternity, time-sharing, and support matters across the Tampa Bay area. Consult a Clearwater family lawyer and contact our office to schedule a consultation regarding your situation.