Parental Rights for Unmarried Parents in Florida
No Common Law Marriage in Florida
Florida does not recognize common law marriage. For unmarried parents, the mother is the legal custodial parent at birth until the father establishes paternity through the court system.
Establishing Parental Rights for Unmarried Parents in Florida
Fathers must file petitions to establish parental rights and custody. This process is essential for non-married dads to gain legal recognition and responsibilities such as decision-making authority, access to medical and school records, and child support obligations.
Why Parental Rights for Unmarried Parents in Florida Work This Way
The law is designed to protect potential fathers from responsibility if they are not the biological parent. Hence, there is no automatic assumption of paternity based on the father’s presence on the birth certificate alone.
Florida’s Presumption of Equal Parenting Time
Since July 2023, Florida law presumes 50/50 equal parenting time is in the child’s best interests unless evidence shows otherwise. This statutory presumption helps many fathers obtain substantial custody, shifting away from the outdated model of a majority primary custodial parent.
What This Means for Parents
This presumption makes it easier for reasonable parents to share custody equally, provided they can demonstrate a safe and workable parenting arrangement. It’s a significant win for dads who want to be actively involved in their children’s lives.
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Sean Smallwood is an Orlando divorce attorney for the law firm Sean Smallwood, Orlando Divorce & Family Law P.A. where he represents clients in all areas of family law and divorce. 100% of the practice is devoted to family law. As an attorney in Orlando, he has helped many families with a wide variety of family law cases including Divorce, Child Custody, Child Support, and many other issues.
