Florida Fathers’ Rights
If you are an unmarried father to a minor child and are trying to figure out what rights you have in Florida, then you’ve probably come across the terms “paternity,” “timesharing,” and “custody.” But what does it all mean?
Picture this scenario:
Jenni and Steve were high school sweethearts. They dated all through high school and college. After college graduation, they found out that Jenni was pregnant. What a wonderful surprise! Jenni and Steve planned to get married after the baby was born, but never found time to plan a wedding as they were so consumed with the 24/7 need to take care of their bouncing baby boy. Two years later, they are separating and Jenni says that she’s moving across state with their darling son. What can Steve do? What are his rights? This situation is all too relatable for many dads.
Petition to Establish Paternity
During the pregnancy or after the child’s birth, Steve may have filed with the Florida Putative Father Registry. By doing so, Steve establishes a rebuttable presumption that he is the child’s father. if Jenni ever decided to place the child up for adoption, Steve would be notified and informed of his options with respect to the child under Florida law. Also, if the parties break up, under the amendments which went into effect July 1, 2023, Steve may presumptively have a right to timesharing (previously known as “custody”). At least he would have a colorable argument.
Alternatively, in Florida, a Dad can file a petition to establish paternity and for timesharing. It is a common misconception that, as long as the birth certificate lists a man as the child’s father, then that man has legally enforceable parental rights to the child, but that is not so.
Once the petition is filed and served, Jenni will have 20 days to file her response either admitting or denying that Steve is the father. If Jenni contests paternity, then the court will order DNA testing. Once paternity is established, the court will take the next steps of creating a parenting plan, which will establish a timesharing schedule and parental rights. A separate order will be entered by the magistrate or a hearing officer to establish child support.
Timesharing, Parenting Plan, Child Support, Etc.
There is no presumption in Florida that the child is better suited to spend more time with one parent over the other. In fact, as of July 1, 2023, the timesharing statute was amended so that, all things being equal, both parents are presumed to be entitled to equal timesharing with their child. As always, the court is concerned with what is in the “best interest of the child,” and may veer from the presumptive 50/50 schedule if the objecting parent meets his or her burden to show why a different schedule is in the best interests of the child. If you believe it would be in the best interests of your child to have something other than a 50/50 timesharing schedule, the court will consider many factors. It is important to discuss these factors with a knowledgeable Sarasota family law attorney so that you can best highlight your parenting skills and the challenges faced by the other parent rendering a 50/50 schedule not the best choice for the child.
A parenting plan will be created, and ratified by a court order. This will set forth the timesharing schedule and other responsibilities related to the child. The parenting plan can either be entered into by agreement of the parties, or, if the parties are unable to agree, then the court will fashion an appropriate plan after a trial.
Child support will be calculated in accordance with Florida’s child support guidelines. The guidelines consider each parent’s income, the number of overnights each party has with the child, who pays health insurance premiums for the minor child, and the costs of childcare where appliable. If you do not agree on child support, it will be determined by a separate hearing before the magistrate or hearing officer. The circuit court judges in the 12th Judicial Circuit do not hear child support matters.
Sarasota Time Sharing Attorney
If you believe that you are the father of a child and would like to learn more about your rights and responsibilities under Florida law, the Sarasota family law attorneys at Loftus Law are ready to assist you. Leslie Loftus has proudly served the families of Sarasota and Manatee counties for many years as they navigate their custody issues, and she can help you assert and protect your rights as a father.