25 Feb Can an Unmarried Father Obtain “Custody” of His Naturally Born Children in Florida?
Child Custody in Florida for Unmarried Parents
A common scenario in Florida Family Law cases is one in which the father and mother of the children were never married, but the father wants to be involved in the children’s lives.
Florida Statute §744.301(1) (2012) addresses the issue. This section explicitly states that the birth mother of the child(ren) born outside of marriage is entitled to receive primary residential custody of the child, unless a court orders otherwise.
However, if the father of the child wants to participate in the upbringing of his children, he can request, in the paternity proceeding, that the Florida family court make such a determination in what is referred to as a “Parenting Plan”, which would include timesharing provisions. Additionally, should the father bring this action, under Florida law, there is no longer a presumption favoring either the mother or the father under Florida Statute §61.13(2)(c)(1).
If you are a parent trying to determine whether you will be awarded custody, or want to know more about the process of filing for child custody in Florida give a Miami Family Law Attorney at the Law Offices of Jeffrey Alan Aenlle, PA a call. The phone number is +1.786.309.8588.