This is the next post in my series on the rights of dads in Melbourne and other parts of our state. My last article addressed the common question of “do fathers have rights in Florida?” The answer to that question is “yes.” The extent to which one can immediately assert those rights, however, depends on whether the parents are married or unmarried. An experienced attorney can help you to understand how the law applies to your particular situation. In this article I will discuss specifically what rights a father has in our state in regards to physical care of the child and legal decision making. If you or a family member are in need of assistance then contact my office today to speak with a lawyer.
Married Florida fathers have joint legal and physical custody of their children while unmarried fathers must obtain a Court Order
The first aspect of the law to discuss is the concept of “legal” custody. This refers to the rights of a parent to make legal decisions regarding the child. This can refer to the ability to consent to medical care, the ability to sign the child up for youth athletics, enrolling the child in school, and more. As I discussed in my last article, Florida grants legal and physical custody to a mother when the parents are unmarried. Custody is considered “joint” when the parents are married. This means that a married father, who is separated from the mother, may make decisions on the child’s behalf while an unmarried father lacks this authority. An unmarried dad must obtain a child custody order granting him joint legal custody to make such decisions.
The second aspect of the law relates to “physical custody” of a child. This dictates which parent the child will spend their time with. Married Florida dads are granted joint physical custody under the law. This means that a dad who is separated from the mom has just as much right to have custody of the child as the mother. This also means that neither parent can be told when to pick up and drop off the child. This, in turn, can lead to disputes over time share arrangements. An unmarried father must understand that our state automatically grants physical custody to the mother. This means that an unwed dad has no right to visitation or to have the child in his care. He will only have the child with the permission of the mother.
Melbourne fathers can establish and protect their rights by obtaining a child custody order
Dads can establish and maintain their rights in our state by initiating Court proceedings and obtaining a child custody order as soon as possible. If one is married, then the custody case will be included in a divorce proceeding. If the parties are unmarried then the dad will file a Petition for Child Custody. The Court will begin the case with the presumption that legal and physical custody should be shared between the parents. The Court will only vary from this presumption if such an arrangement would not be in the child’s best interests. The determination of what is in the child’s interests can involve complicated legal and factual issues. Retaining an experienced attorney to help you with such a matter can make a difference in the outcome of your case.
I am a Melbourne child custody lawyer who strongly believes in protecting the rights of fathers. If you are involved in a family law dispute then it is important that you protect your interests as soon as possible. My firm is devoted to providing the highest level of service. We will be in regular contact with you throughout the process and will be available to answer your questions. Contact us online or by telephone today. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.