Comprehensive Guide to Fathers’ Rights in Florida

January 4, 2025by Adam Sacks

Many people think that a mom has more rights than a dad when, in reality, both have equal rights in Florida.

Fathers’ Rights in Florida

Laws in Florida protect the rights of fathers whose children are born out of wedlock. However, the process of proving paternity can be confusing. Many people think that a mom has more rights than a dad when, in reality, both have equal rights in Florida.,

According to the law, the rights of the father are protected in matters of custody, paternity, and child support. Let’s take an in-depth look at fathers’ rights.

 

Paternity Rights

Paternity refers to the biological father of the child. By establishing paternity, the father can assert legal rights over a child.

Under Florida law, if the parents are married at the time of the child’s birth, paternity is presumed. However, if the two are not married at the time of the child’s birth, the mother is automatically granted sole legal custody. The father has no right to parent the child or make any decisions in the child’s life until paternity is legally established.

Fathers can establish paternity in one of these two methods:

 

Acknowledgment of Paternity

Both parents sign a voluntary declaration known as the Acknowledgement of Paternity Form in the presence of two witnesses or a notary public. This document should be filed with the Florida Office of Vital Statistics and is legally binding unless revoked within 60 days.

House Bill 775, passed by the Florida Senate, has made establishing paternity very easy. Unwed fathers can sign the birth certificate and the affidavit of legal acknowledgment of paternity. They no longer have to file a court case to establish their parental rights. [1]

 

Acknowledgment of Paternity

 

Paternity Lawsuit

If paternity is contested or if the mother refuses to acknowledge the father, either parent can file a paternity suit in court. Genetic testing, typically with 99.99% accuracy, is ordered to confirm biological paternity. Once established, the father’s name is added to the birth certificate.

 

Custody and Timesharing

The Good Dad Act, passed in 2021, advocates for equal parenting and shared custody, promoting the idea that both parents should be involved in the child’s upbringing. It protects the unmarried fathers’ rights so that they have the same place in their child’s life as the mother.

Shared parental responsibility is the most common arrangement, meaning both parents must collaborate on major decisions affecting the child’s welfare, including education, healthcare, and religious upbringing. However, if it is not in the child’s best interest to have equal involvement, the court may assign Sole Parental Responsibility to one parent.

In practice, fathers have an increasing chance of receiving equal or near-equal time sharing, especially if they demonstrate involvement in the child’s life and can provide a stable environment. [2] [3]

 

Visitation and Parenting Time

Fathers have the right to visit or spend time with their children. Florida courts use a parenting plan to establish visitation schedules. If the parents cannot agree on a plan, the court will decide based on the child’s best interests, factoring in the child’s emotional and developmental needs, the parents’ ability to maintain a routine, and the historical involvement of each parent.

Sometimes, the mother may deny the father time with his child. She may keep the child with her for a longer duration than what was determined by law. In the worst-case situation, she may refuse to return the child altogether. The father should get the court involved if she does not comply with the custody order and visitation schedule provided by the court.

 

Visitation and Parenting Time

 

Relocation and Parental Rights

Florida law requires that if one parent wishes to relocate more than 50 miles from their current residence for 60 days or more, they must obtain the other parent’s consent or seek approval from the court. If the relocation would disrupt the existing timesharing arrangement, the court will evaluate whether the move serves the child’s best interest.

 

Unwed Fathers

The recent amendment to Florida’s Natural Guardians Law now provides unwed fathers who have established paternity the same rights and responsibilities as mothers. Before amendments to this law, unwed fathers had no share in the lives of the children and the mother was deemed as the sole guardian.

Now, fathers who sign a paternity acknowledgment share joint legal custody with the mother without needing a court ruling. They can make important decisions for their children, be it their upbringing, education, healthcare, or overall welfare. [4]

 

Challenges in Custody and Support Modifications

While fathers have the right to request modifications to custody or support arrangements, these changes require proving a substantial change in circumstances, such as a significant increase or decrease in income, changes in the child’s needs, or concerns about the child’s safety with one parent. Fathers facing these issues should consult with a family law attorney to navigate the complexities of modification requests.

 

Challenges in Custody and Support Modifications

 

If you are a father looking for legal assistance, do not hesitate to contact Sacks & Sacks for a free consultation. Our family law attorneys can help you navigate paternity actions, child custody, and support issues.

 

FAQs:

Q. What rights do fathers have in Florida if their child is born out of wedlock?
Fathers in Florida have equal rights as mothers, but they must first establish paternity to gain legal rights to custody and decision-making for their child.

Q. How can a father establish paternity in Florida?
Fathers can establish paternity by signing an Acknowledgment of Paternity form or through a paternity lawsuit if paternity is contested.

Q. What is the Good Dad Act?
The Good Dad Act, passed in 2021, advocates for equal parenting time and ensures fathers have an active role in their child’s upbringing.

Q. How is child support calculated in Florida?
Child support is based on both parents’ incomes and factors like the amount of time the child spends with each parent and the child’s specific needs.

Q. What should a father do if the mother denies visitation?
If the mother denies visitation, the father should seek court intervention to enforce the custody order and visitation schedule.

Q. Can fathers lose custody rights in Florida?
Fathers can lose custody rights if it is proven that their involvement is not in the child’s best interest, such as in cases of abuse or neglect.

Q. How long does a father have to revoke an Acknowledgment of Paternity?
Fathers have 60 days to revoke an Acknowledgment of Paternity once signed, after which it becomes legally binding.

 

Sources:

[1] The Florida Senate. House Bill 775 (2023) – The Florida Senate. (n.d.). https://www.flsenate.gov/Session/Bill/2023/775

[2] What is The Good Dad Act Bill? Everything about Fathers’ Legal Rights. (n.d.). Good Dad Act. https://gooddadact.com/the-good-dad-act-bill

[3] What is shared Parental Responsibility (joint custody)?. WomensLaw.org. (2023, October 6). https://www.womenslaw.org/laws/fl/custody/definitions/what-shared-parental-responsibility-joint-custody

[4] Florida statutes title XLIII. domestic relations § 744.301 | Findlaw. (n.d.-j). https://codes.findlaw.com/fl/title-xliii-domestic-relations/fl-st-sect-744-301/

by Adam Sacks

Adam Sacks is lead Family Law Attorney at Law Offices of Sacks & Sacks, P.A. in Jacksonville, Florida. He has a BA in Psychology from 1994, and received his Juris Doctor Degree in 1999 from the Western Michigan University Cooley Law School.

Sacks and Sacks Law
1646 Emerson St. Suite B Jacksonville, FL 32207

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