The answer to this question will depend on a number of factors to include marital status, ability to take care of the child and the overall best interest of the child. The State of Florida typically leans toward toward joint custody—also referred to as “shared parenting.” In a recent study conducted by Custody X Change, Florida was found to offer 50/50 joint custody more than the national average. However, there are some instances in which the mother will automatically gain sole custody of the child. If you are unsure about the status of your child’s custody, it is recommended that you contact a Family Lawyer in Miami to learn more about your rights as a parent.
Who Is Designated as the Natural Custodian if Unmarried?
If the mother of the child is not wed to the father when the child is born, the mother will be deemed the sole custodian of the child until the appropriate steps are taken by the mother and father to assert his paternal rights. The father or mother can petition the courts in order to establish paternity, though this does not mean that joint custody will automatically be established. Family Law in Florida prefers that the child be in a situation that is in their best interest. If that is deemed to be joint custody then it will be granted, otherwise the courts will lean towards grating sole custodianship to the mother or the parent most fit to raise the child. Working with a Family Lawyer in Miami and Fort Lauderdale areas will help you to navigate the grey areas of the law.
What Rights Does The Father Have if He Is On The Birth Certificate?
In most instances, Family Law in Florida dictates that an unwed father whom has his name on the child’s birth certificate is not entitled to any legal or physical rights to the child. Though, if they are listed on the birth certificate, it will entitle the mother to receive child support payments. Listed below are the ways that a father can have his rights as a parent recognized by the law.
- Completing a voluntary paternity acknowledgment form
- Eventually marrying the mother of the child
- Filing a paternity action with the courts
The mother or father of a child can file a paternity action. An experienced Family Lawyer in the Fort Lauderdale and Miami area will be able to advise you on the best steps and actions in this situations. Completing this step without appropriate legal representation can easily result in undesirable outcomes for either party.
Should I Be Receiving Child Support If I’m The Sole Custodian?
When you are the sole custodian of a child you should be receiving child support payments. Unless the mother of the child is unable to identify the father and petition him for paternity or the father of the child is deceased. Otherwise, if the father is an acknowledged parent, the Department of Revenue in conjunction with the court system will order child support if requested by the mother. Family Law in Florida expects that the absent parent will pay child support, whether that is court ordered or voluntary. If the parent with sole custody has not been receiving child support or it is not an adequate amount, they should get in touch with a Family Lawyer in the Miami and Fort Lauderdale area.
