Father's rights

Many people assume that mothers receive primary custody of their children in divorce cases or custody disputes. The Florida legislature acknowledges the significance of both parent’s roles in a child's life, however, and ensures that the custody laws do not allow the courts to engage in preferential treatment towards mothers. Consequently, fathers now have equal rights to seek and obtain partial or full custody of their children and may even be eligible to receive child support in some instances. If you are a father looking to establish your parental rights, it is advisable to consult with an attorney to explore your options. Attorney Sandy T. Fox is a seasoned Miami child custody lawyer with the experience and skills needed to help protect your father’s rights, and if you engage his services, he will fight to help you seek the results you deserve. Mr. Fox is a Florida Bar Board Certified Specialist in Marital & Family Law, and he regularly fathers in Miami to safeguard their rights in custody disputes. 

Florida law explicitly states that there should be no presumption in favor of either parent based on gender when determining custody arrangements in divorce actions. Instead, the law aims to ensure that custody decisions are made based on the best interests of the child, without any bias toward the mother or father. This principle is codified in the Florida Statutes, which mandate that courts evaluate various factors to determine what is in a child's best interests, such as the parents’ ability to provide for the child's needs, the child's relationship with each parent, and the parents’ willingness to foster a relationship between the child and the other parent. In other words, Florida law seeks to ensure that both parents are given equal consideration in custody actions regardless of their gender.

In order to exercise a father’s rights, a man generally must establish paternity. In Florida, the paternity of a child born to an unmarried mother can be established in several ways: through an adjudicatory hearing, by voluntary acknowledgment, or via the Department of Revenue. Additionally, paternity can be determined by a court order in response to a paternity petition. A father will not have the right to share parental responsibility, otherwise known as custody until a court order adjudicating paternity is entered.

Paternity established through adjudicatory hearings, especially under inheritance laws or workers’ compensation, does not automatically confer parental responsibilities or a timesharing schedule. Voluntary acknowledgment involves both parents signing an affidavit under oath, creating a rebuttable presumption of paternity that becomes binding after 60 days unless challenged due to fraud, duress, or a material mistake. If no acknowledgment is completed, the Department of Revenue can initiate paternity proceedings under certain conditions, such as when the mother was unmarried at the child's birth or when the Department provides Title IV-D services.

Paternity actions filed in the Florida courts allow any pregnant woman, alleged father, or child to petition for a paternity determination. The court conducts a hearing and, upon finding paternity, may issue orders for child support. Pursuant to recent changes in the law, actions to establish paternity must also include a determination of parental responsibility and a parenting plan, and an order must be set forth establishing time-sharing rights and child support. In other words, paternity actions allow fathers to obtain specific custody rights upon establishing parentage, which ensures that their involvement in their children’s lives is not limited to child support obligations. Further, the law dictates that both unwed mothers and fathers who establish paternity are natural guardians of a child, with rights and responsibilities similar to married parents. If paternity is not established, however, the mother retains sole residential care and custody of a child.

Fathers play a vital role in their children's lives, but unfortunately, in some instances, they must take legal action to protect their parental rights. If you need to establish paternity or secure custody or child support rights, you should talk to an attorney as soon as possible. The dedicated Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A. understand what it takes to achieve favorable outcomes in custody cases, and if we represent you, we will work tirelessly on your behalf. Our office is located in Miami, and we regularly represent people in custody actions throughout the city. You can reach us at 800-596-0579 or via our online form to schedule a free and confidential meeting.