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Legal Requirements to Get Fathers’ Rights in Florida

Father standing apart from family

Each parent believes that they are the best parent for their child and that they should have primary custody of their child after a divorce. Many fathers are not aware of the requirements to get the fathers’ rights in Florida courts.

In Florida, family courts are legally required to make a decision based on what is in the child’s best interests when granting child custody and visitation rights. Unfortunately, men are expected to put up with a great deal of bias against fathers and have to fight for their parental rights in courts.

If that is the case, consult with an Orlando fathers’ rights lawyer from The Law Offices of Sean Smallwood, P.A. Being represented by an experienced attorney can help mitigate the emotional pain and overcome biases against fathers when seeking custody and visitation rights.

Florida Requirements to Get Fathers’ Rights

Fathers seeking custody rights in Florida should be ready to discuss their situation with a family law attorney. Men benefit from legal representation by a lawyer skilled in litigating for fathers’ rights in Florida family courts.

In Florida, both parents are required to attend a parenting class before they finalize the divorce. It is mandatory for the father to participate in the parenting class if he wants to get his custody rights and prove that he will play a positive role in the child’s upbringing after the divorce.

However, “fighting for fathers’ rights” does not have to involve attempts to exclude the mother from the child’s life unless the mother harms the child. Showing that the father is willing to involve the other parent in the child’s life is vital to establish the fathers’ rights.

Best Interests of the Child Standard

When establishing the fathers’ rights in Florida, the court will use the best interests of the child standard to ensure that granting custody and visitation rights is the right decision.

The first factor to consider when ensuring the best interests of the child is evaluating the fathers’ mental and physical health, as the father must be physically and mentally capable of supporting his child.

Before granting any custody or visitation rights, a Florida court will consider the moral fitness of the father. If the child’s mother has evidence of domestic or child abuse, the fathers’ rights may be revoked. Generally, Florida courts refuse to grant custody to fathers whose moral conduct could negatively impact the ethical, moral, or physical development of the child.

Proving That Granting a Father Custody Rights is in the Child’s Best Interests

One of the factors that are considered by the Florida court when granting a father custody rights is whether the father has demonstrated his capacity to have a healthy on-going relationship with the child.

Another factor is whether the father is willing to respect the time-sharing plan. In other words, if the father has an established history of spending quality time with the child, his chances of winning custody and visitation rights increase substantially.

The father must also refrain from speaking negatively about the mother with their child and avoid involving the child into the custody and divorce battle.

Consult with an Orlando fathers’ rights lawyer to protect your parental rights in the legal battle. Speak to lawyers from The Law Offices of Sean Smallwood, P.A., for a free case evaluation. Call at 407-574-6155 or fill out the contact form.

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