Paternity and Custody in Florida

March 13, 2023

In Florida, there is no automatic preference for either parent to have custody of a child. Instead, the court will determine custody based on the best interests of the child. Florida law recognizes the importance of a father's involvement in their child's life and does not discriminate based on gender.


Important things to note:


If the father is married to the child's mother at the time of the child's birth, he is presumed to be the child's legal father, and he has the same rights to custody and visitation as the mother. However, if the father is not married to the mother, he will need to establish paternity in order to seek custody or visitation rights.


Once paternity is established, the father can file a petition for custody or visitation in family court. The court will consider various factors, such as the child's relationship with each parent, each parent's ability to provide for the child's needs, and the child's preferences (if they are old enough to express them). The court may also order mediation to try to reach a mutually agreeable custody arrangement.


It's important to note that custody arrangements can be modified if circumstances change, such as if one parent moves or if the child's needs change. Additionally, both parents are required to comply with any custody or visitation orders issued by the court.


Being on the child's birth certificate or even paying child support, does not automatically confer custody rights to the father. 


Paternity cases can be long and difficult to handle on your own. It is important to have a knowledgeable attorney to help guide you every step of the way. Call now for your free initial consult 904-506-1915.

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