If you are unmarried and have a child – whether you are splitting up from your partner or were never together as a couple, you might be wondering what your rights are as an unmarried parent, and if the laws governing child custody are different for you versus a married couple with children.
First things first, you need to know that if you are a parent – regardless of your relationship status – you have rights.
- Do you want to have the court order the other parent to pay child support?
- Do you want to set up a parenting plan (custody arrangement) and timesharing agreement (visitation) with your child?
- Have you previously been ordered to pay child support and need a modification due to a significant change in circumstances?
- Are you trying to prove you are the biological father of a child?
- Do you want to have decision-making authority over your child?
How to Establish Paternity
Being married with children creates a presumption that the husband is the father of the children. So when a couple gets divorced, no paternity action is required. But for unmarried couples, there is no such presumption.
No matter what reason you are coming to the courts, whether for child support, timesharing, etc., as an unmarried couple with children, paternity must be established before the courts will act.
There are two main ways to establish paternity:
- Acknowledgement of Paternity – when the child is born, both parents voluntarily sign an Acknowledgement of Paternity stating that the man signing is the child’s biological and legal father. After 60 days, the acknowledgement becomes final and neither parent may revoke it (unless fraud or extreme force was used to coerce one of the parties to sign).
- Court Order – the mother, “alleged” father, child (through a legal representative), and the Florida Department of Child Support Services all have the right to bring a paternity action in court.
Paternity actions can be brought in the county where either the mother or father reside. The court will order a DNA test for the mother, father, and child. When a paternity matter is brought up in court, the judge may also make orders for:
- child support
- health insurance for the child
- timesharing*
- decision-making authority over the child*
- payment of either party’s attorney fees and court costs
*If the judge does not make orders for timesharing or decision-making authority at that time, Florida law presumes the mother has all of the parenting time and sole decision-making rights to the child.
Child Custody Concerns for Unmarried Parents
If you are an unmarried mother, your child is entitled to time and financial assistance from his or her father.
If you are an unmarried father, you have rights to time and decision-making authority over your child. Your child needs and deserves to have you in his or her life.
Related Post: Florida Paternity FAQs
George Gelb has represented unmarried mothers and fathers in child custody and paternity matters for nearly 40 years. Contact him today for a free consultation.