This is the next post in my series on the rights of fathers in Melbourne and other parts of Florida. My last article provided an overview of topics which this series will be discussing. It also stressed the need to speak with an attorney if you are a dad in need of assistance. It is important to speak with counsel as the longer you allow the current situation to go on, then the more likely the Court will be to consider it the “status quo.” In this article I will address the general question of “do fathers have rights in Florida?” The answer to this question is “yes.” If you need assistance then contact my office today to speak with a lawyer.
The rights of a Florida father will depend on whether the parents are married or unmarried
Whether the parents are married or unmarried is a factor which impacts the rights of Florida fathers. If the parents are married then they will be considered as having equal rights to the child. This means that if a father is married, but separate from the mother, then the parties will share legal and physical custody. This can quickly lead to complications as each parent will be unable to require that their counterpart turn the child over. The parties will also have an equal right to engage in activities such as picking the child up from school, etc. A situation such as this can lead to rapid escalation of conflict and tension.
If parents are unmarried in our state then the law presumes that the mother has legal and physical custody of the child. This is true even if paternity has already been established on the birth certificate. The only way in which an unmarried father can gain a right of custody, visitation, and the ability to make legal decisions is to file a case with the Court. This is different from some other states. Nevada, for example, presumes that parents share legal and physical custody when they are unmarried. Such is not the case in Florida.
Melbourne fathers should obtain a child custody order as soon as possible
When two parents are separated then it is generally in the best interest of the father to obtain a child custody order as soon as possible. This is true regardless of whether or not the parents are married. If the parents are married then having a custody order helps to prevent conflict which arises when the parents cannot agree on any of a wide range of issues. If the parties are unwed, then having a custody order helps one to ensure that he cannot be denied visitation, the right to make legal decisions, and more. If the parties are married then the first step in the process is to file a Petition for Divorce and Child Custody. Filing a Petition for Child Custody is the first step for an unwed father.
If you are a dad and are in need of assistance then contact my office today to speak with a Melbourne child custody lawyer. I understand that this is an important time in your life. My office will give your case the attention it deserves and we will make sure that you know what to expect as the case moves forward. I pride myself on providing a high level of service and we look forward to speaking with you. 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.