This is the next article in my discussion on dad’s rights in Melbourne and other areas in our state. My last post addressed the question of “what are fathers’ rights in Florida?” It is important to understand that, as in other states, Florida divides child custody into categories of “legal” and “physical.” An experienced attorney can assist you with better understanding your particular situation. In this article I will specifically discuss the rights of unmarried fathers. If you are in need of assistance then contact my office today to speak with a family law lawyer.
Florida fathers must establish paternity as a prerequisite for establishing any type of parental rights
The first step in establishing one’s rights as a father is to establish paternity. If a dad was not named on the birth certificate, and an acknowledgement of paternity has not been signed, then the individual is not the “father” in the eyes of the law. Under such a scenario, the individual has no right to care for the child and may not consent to medical care on behalf of the youth. Also, the individual will be under no obligation to pay child support. It should be understood, however, that the Court may order back child support to be paid once paternity is established.
The establishment of Paternity in Florida will occur as part of a case to establish child custody. This process begins by filing a Petition with the Court. If the mother denies parentage then the father and the child will be required to take a DNA test very early in the proceedings. If the test results are negative (meaning that the male is not the father) then the matter will be closed. If the test results are positive, then the Court will declare the male to be the father. The Court may also enter temporary orders regarding custody, visitation, and child support. The parties will be required to follow these orders until the matter concludes through a settlement or at trial.
Florida judges presume that custody should be shared between the father and the mother
As I have explained in my previous articles, Florida law grants legal and physical custody of the child to the mother when unmarried parents have no Court Order. Once a custody case is filed, however, the Court will begin the case with the presumption that custody should be shared between the parents. The Court will deviate from this presumption, and grant one parent primary custody, if doing so would serve the best interests of the child. When determining what is in the best interest of the youth, the Court will consider factors such as:
- The wishes of the child (depending on their age and maturity)
- The physical and mental wellbeing of the parents
- The needs of the child and the ability of each parent to meet those needs
- Any history of domestic violence
- Etc.
How the Court will apply these factors in any given case will always depend on the specifics of the case. An experienced attorney can assist you with understanding how the Court may rule in your situation.
If you or a family member are in need of assistance then contact my office today to speak with a Melbourne child custody lawyer. My practice focuses on family law and I handle many cases which implicate the rights of fathers. I pride myself on providing the highest level of service and I look forward to being of assistance. 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.