Florida Divorce: Child Custody Laws for Unmarried Parents in Florida

In the state of Florida, child custody laws are determined in the court system based on the best interest of the child. Whether the parents are married, divorced, or unmarried, the laws focus on defining the best care, maintenance, and control for the child.

There are two types of custody (1) physical custody – with whom the child lives, and (2) legal custody – the individual(s) responsible for making decisions about medical, educational, religious, and disciplinary issues.

Florida family courts favor shared parental responsibility since it is usually in the best interest of the child for both parents to be involved in the lives of their children. In these situations, there must be a parental plan that outlines the responsibilities of each parent, how they will share time with the child, and how to manage communications.

In the case when parents are not married and the father has not established paternity, the mother becomes the full legal custodian of the child.

For a father to obtain legal rights for custody, he must establish legal fatherhood by signing a legal document acknowledging paternity with the mother or by filing a paternity action with the court and completing genetic testing.

On the other hand, if the mother takes legal action to establish paternity in order to obtain child support, the father may then exercise his paternity rights and take legal action to obtain custody.

If you have questions about child custody, divorce, or mediation services, our experienced attorneys can help answer your questions. Our compassionate attorneys provide private complementary consultations. For more information, contact us at Troy Legal, (561) 910-4570.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce. Troy Legal, P.is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.