Raising a child is complicated. Figuring out how to handle child custody cases can be even more challenging for unmarried parents. Whether you’re a mother or father, understanding Florida custody laws for unmarried parents is key to securing parental rights and protecting your child’s best interests. At Beller Law, PL, we provide clarity and guidance to anyone dealing with a child custody matter. Our legal team has over 25 years of experience and countless satisfied clients. Contact us today to schedule a consultation.
Who Has Custody If Parents Are Unmarried?
The answer to this question depends on several factors, including:
- Whether the parent seeking custody is the mother or the father, and
- Whether the father has legally established paternity.
Below, let’s go over how the details of unmarried parents’ circumstances can affect custody rights.
Custody Rights When the Father Has Not Established Paternity
In Florida, the mother maintains sole custody of the child when the father has not established paternity. This means the mother has the right to determine the child’s primary residence and have primary custody until the father intervenes through a court process.
Custody Rights When the Father Has Established Paternity
If a father establishes paternity under Florida law, he and the child’s mother generally have equal rights to the custody and care of their child. Once paternity is established, Florida custody laws for unmarried parents allow fathers to petition for custody or time-sharing rights.
A father can establish paternity by doing one of the following:
- Starting a court case to establish paternity,
- Signing an affidavit with the mother to acknowledge his paternity and filing it with the clerk of the court,
- Signing a voluntary acknowledgment of paternity in front of a notary or two witnesses, or
- Receiving an adjudication of paternity from the Department of Revenue after a genetic test.
If a father establishes paternity by signing an acknowledgment in front of two witnesses, his acknowledgment must be made under penalty of perjury. Also, parties who sign voluntary acknowledgments of paternity have sixty days to rescind their acknowledgment. If you have concerns about how vulnerable your parenting rights might be, contact Beller Law, PL, to discuss the best options for your child custody case.
If Both Parents Are on the Birth Certificate but Not Married, Who Has Custody?
Even if both parents’ names are on the birth certificate, legal custody does not automatically default to both parents. The mother retains sole legal custody unless the father:
- Establishes paternity through a court order, acknowledgment, or genetic testing; or
- Files a petition for custody, time-sharing, or parental responsibility.
Without these legal steps, the father listed on a birth certificate may not have enforceable custody rights.
Florida Custody Laws for Unmarried Parents
Florida courts use the same custody laws for unmarried parents as for married parents. The court’s primary focus is the child’s best interests. Factors that influence custody decisions include:
- The child’s relationship with each parent;
- Each parent’s ability to provide a stable home environment;
- The moral fitness of each parent;
- Each parent’s willingness to support the child’s relationship with the other parent; and
- The child’s preferences, if they are sufficiently mature.
A parent seeking custody may need to present the following evidence in a hearing to obtain custody rights:
- Medical records,
- School records,
- Witness testimony,
- Criminal history records, and
- Other evidence regarding their child’s best interests.
We can help you obtain the best evidence for your case and present that evidence in ways that are most favorable to you.
Time-Sharing and Parental Responsibility
Florida encourages both parents to play an active role in their child’s life. This is reflected in the concept of “time-sharing” rather than “custody.” Courts generally prefer arrangements that allow both parents to share parental responsibility and time with their child. However, if one parent is deemed unfit or poses a significant risk to the child, the court may limit time-sharing rights.
Do You Have to Pay Child Support If Not Married?
Yes. Child support obligations apply regardless of marital status. If you are a non-custodial parent, you may be required to pay child support to the custodial parent. Florida calculates child support based on the following:
- The income of both parents,
- The child’s needs, and
- The time each parent spends with the child.
Once paternity is established, the court may issue a child support order to ensure parents can meet the child’s financial needs. Failure to pay child support can result in legal consequences, including wage garnishment, license suspension, or jail time.
Special Considerations for Fathers
For unmarried fathers, the legal process can feel especially challenging. Establishing paternity is the first and most important step. Without this, you may not have the right to:
- Participate in important decisions about your child’s upbringing,
- Enforce time-sharing arrangements, and
- Prevent the mother from moving away with the child.
Our knowledgeable and skilled attorneys at Beller Law, PL, can act swiftly to protect your rights as a father. We can ensure you have every opportunity to develop a healthy relationship with your child.
Special Considerations for Mothers
Unmarried mothers should also be aware of their legal rights. While Florida law typically grants mothers sole custody at birth, it’s important to understand that fathers can establish their rights through legal action. An attorney can help ensure custody and time-sharing arrangements serve your child’s best interests.
Beller Law, PL, Can Safeguard Your Family
At Beller Law, PL, we have extensive experience helping mothers and fathers navigate Florida child custody cases. We are an award-winning legal team that is well-respected in the Florida community. Whether you need help establishing paternity, creating a parenting plan, or resolving a custody dispute, we’re here to support you every step of the way.
We aim to help you achieve the best possible outcome for your family while minimizing stress and conflict. We’ll work with you to develop a clear legal strategy and provide the compassionate guidance you need. Contact us today by phone or online to schedule a consultation. Your family’s well-being is our priority.