What are the fathers Parental rights in Florida?

Answer 1

Here are a couple of ifs: Not married you have no rights. - You would have to file court docs requesting a paternity test if she will not do it herself. Not married but you are on the birth certificate. - You are automatically viewed and recognized as the father. If you disagree, you can ask for a paternity test. If you do agree you already have rights and can file court docs requesting visitation and joint custody with the mom. Married - On the birth certificate or not....whether you are the father or not - you are automatically viewed in the eyes of the court as the father. Case in point: Michael Jackson, married to his two oldest kids mom, even though he is not the father he is viewed as the father as he was married to the mom during preg and when she had the babies. He automatically has parental rights.

Answer 2

Yes he can. We went through a case recently with my fiance (who was never married to his son's mother) and he got custody of the child. The mother has to be proven to be unfit just as if the father was losing his rights. Fathers have the same rights as mothers as far as unwed children. Depending on the circumstances and the situation of wach party. BUT to answer your questions, yes

Answer 3

The right to consult a Florida attorney at their own expense.

In other words: it's really complicated. The relevant Florida statues say "child", not "legitimate child," while specifically distinguishing and excluding foster children and step-children, and do provide that a child born out of wedlock is a "child" of the father provided that at least one of the following three things is true:

1. The parents of the child participated in a marriage ceremony (ever, even after the child was born, even if the marriage wasn't legal)
2. The paternity is established by adjudication (basically, a court finds that the child is in fact the child of the father, probably using DNA testing)
3. The father acknowledges the child in writing

Assuming that test is passed, it gets even more confusing. If the father had a will, and the child is left out, the child gets a share equal to that they would have gotten had the father not had a will, UNLESS it appears that the child was intentionally omitted, in which case they get nothing.

If someone dies without a will and has descendants, their spouse gets... something, either the first 60,000 plus half the rest, or just half (depending on whether all the descendants are also descendants of the spouse or not).

All the descendants then get per stirpes shares of what's left. (This basically means equal shares by branch, so if there were three brothers, and each of them had children of their own, and one of the brothers dies, the two surviving brothers get 1/3 each and the kids of the brother that died get his third divided equally between them.)

Answer 4

An unmarried father must establish his paternity and arrange for a custody hearing if he wants custody.

Generally, if the parents are unmarried the mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must establish his paternity by signing the birth certificate at the time of birth (waiving DNA testing rights) which must be done with mother's consent. If he doesn't sign the birth certificate then he must seek another way to establish his paternity and that is done through a DNA test.

A paternity test can be arranged through the court. Once paternity has been established the father can request visitations, joint custody, full custody or the court will set up a schedule of regular child support payments for the child if she is to remain in the custody of her mother. The court will schedule a hearing and issue an order that is in the best interest of the child.

Answer 5

The mother has sole custody and control in most states until the father can establish his paternity. Remember, a child's mother can always be identified by medical records. Since the father didn't give birth and he was not legally married at the time of the birth he must seek other means of establishing his paternity and that is done through a paternity test. A paternity test can be arranged through the court and once established the father can request visitations, custody and set up child support for the child.

Answer 6

Their parental rights will depend upon each situation. If the father is good and is paying child support, he should be able to get just as much parental rights as the mother.

Answer 7

In the state of Florida, the unwed mother is considered the natural parent to the minor child. The law in Florida gives an unwed mother all legal rights to her child.