This article continues my discussion on the rights of Florida fathers who are not listed on their child’s birth certificate. My last article provided an overview of the topics which I will be discussing over my next several writings. It also stressed the need to speak with an attorney if you are a dad and are being denied time with your child. It is important to speak with counsel, as the longer you allow the current situation to go on, the more likely the Court is to consider the situation to be “the status quo.” In this article, I will be discussing the question of rights a father has and does not have when parentage has not been established. If you are in need of assistance, then contact my office to speak with a Melbourne lawyer.
Florida fathers have no right to custody or visitation when they are not listed on the birth certificate
Florida is like other states in that, when a father is not on the child’s birth certificate, he is effectively “not dad” in the eyes of the law. By this I mean that a father will have no legal right to custody or visitation. Even if it is not disputed that one is the biological father, the law does not grant one rights until parentage has been established. This also means that the male will have no obligation to pay child support or to help with medical expenses. It should be understood, however, that once parentage is established, then the Court can order back child support. Florida allows a mother to request up to two years of back support when a paternity action is filed. This means, therefore, that if one is putting off establishing paternity out of hope that they can avoid child support, they may still be made to pay that support in the future.
Consider the following example. John and Jane have never been married and they have a four-year-old child in common. John was not listed as the child’s father at birth. For the last four years, John has had weekend visitation with the child but has never paid child support. Jane informs John that he will no longer be permitted to see the child. John contacts law enforcement over the issue, and he will be told that there is nothing that the police can do for multiple reasons. John’s only option will be to file a paternity action. The Court will enter an order for custody and support as part of this action. Also, John will likely be ordered to pay child support for the last two years, in addition to support going forward.
When a father is attempting to gain visitation, then the Court’s sole concern will be for the best interest of the child. When determining what is in a child’s best interest, the Court will consider factors such as the historical parent-child relationship, the ability of each parent to meet the child’s needs, etc. Continuing with the example from above, the Court may view the fact that John has only had weekend visits as a factor in favor of granting the mother primary custody. The longer John chooses to go without seeing the child before filing an action, the more the Court is likely to consider the mother to be the long-term primary custodian. This will weigh against John. By taking immediate action, John can help to prevent the Court from finding the current situation as “the norm.”
Florida fathers may wish to establish paternity and gain a custody order even if they are on good terms with the mother
It may be in a father’s best interest to establish paternity and custody even if he is on good terms with the mother. It is common for dads to believe that they do not need an order as they feel things are “going fine.” With that said, the situation can change quickly and relations with the mother can break down. If this is to happen, then a dad who is not on the birth certificate will be left with no enforceable rights. By getting a custody order in place, a dad helps to prevent future problems. If one is happy with their current situation, then an order can be drafted to reflect those circumstances.
If you or a loved one are involved in a family law dispute, then contact my office today to speak with a Melbourne child custody lawyer. I have devoted much of my career to handling family law matters and I regularly handle paternity cases. I recognize the sensitive nature of such situations and my office will give your matter the attention it both needs and deserves. Contact us online or by telephone to schedule an appointment. We look forward to speaking with you.
My firm also services Florida 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. We are also able to virtually work with clients throughout the state.