Unwed Father’s Rights In Florida

On July 1, 2023, a new law went into effect. Florida legislators passed a revised procedure for unmarried fathers to establish paternity, child support, and visitation. The new legislation made it possible for unmarried fathers to receive parental rights that were previously exclusive to the mother of the newborn child. Under the old law, without a court order establishing a timesharing schedule and parental responsibility, an alleged father often faced a good amount of ambiguity concerning their parental rights. Now, once paternity is established, the father automatically receives full parental rights.

Under the old law, the mother of a child born out of wedlock was considered the natural guardian of the child. This entitled her to primary residential care and custody unless the court entered an order that stated otherwise. This forced the alleged father to establish paternity before being able to petition the court to determine parental responsibility and time sharing. In some cases, this left unmarried alleged fathers without any parental rights to the child. This was the case even when both parents acknowledged that the alleged father was the biological father of the child and the alleged father had established paternity. Shared parental responsibility did not apply until a court issued an order to that effect.

The Shared Parental Responsibility After Establishment of Paternity Act

The new law was entitled to Shared Parental Responsibility After Establishment of Paternity Act. It revised crucial aspects of the law to make it easier for unwed fathers to establish parental rights. After the birth of a child, either parent can now request a determination of parental responsibility and child support. In addition, either parent can now request the creation of a parenting plan and timesharing schedule. This ensures that unwed fathers no longer have to through a separate court procedure to establish their parental rights.

The new law also requires that, in an action to establish paternity, the court must (at the same time) determine parental responsibility, create a parenting plan, and establish a timesharing schedule. This is in addition to issuing an order determining child support obligations. This streamlines the process of establishing parental rights and ensures that both parents’ rights and responsibilities are addressed directly.

The new law also clarifies that unwed mothers as well as fathers who have established paternity are both considered the natural guardians of the child. This ensures that fathers will have an equal stake in their children’s lives.

Talk to an Orlando Father’s Rights Attorney Today 

If you are an unwed father who is attempting to establish paternity, the process is now much easier in Florida than it ever was before. The Orlando family lawyers at Greater Orlando Family Law can help you establish paternity, advocate for your parental rights, and ensure you have access to your child for the rest of their lives. Call our office today to learn more.