The marital status of parents has an important impact on the rights of the parents to their children. If the parents are married to each other, there is a presumption that they have equal rights to a child born of their marriage.

If the mother is not married to the father, the laws of Florida presume that the mother is the natural guardian of the child, and the father is not. A father, even if listed on the birth certificate, has no legal say as to time sharing or parenting of his child.

Florida law no longer uses the word “custody” when discussing parents rights, in both divorce and paternity cases. The proper legal term is “time sharing”. A time sharing agreement, which is part of a “parenting plan” is essential in cases where the mother and father are not married. Without a court ordered parenting plan, a father has no legal rights to his child.

The good news for fathers is that the law presumes that fathers should have shared parenting rights for their children in most cases. However, a parenting plan, and court order approving that parenting plan, must be obtained before these rights can be enforced.

My next post will discuss the difference between a paternity order, and a parenting plan.