According to Florida law, when a child is born to an unmarried mother, the mother is presumed to have natural guardianship and, therefore, primary residential care and custody of the child. However, the father can establish his rights to the child by filing a petition in the court to establish paternity. Once paternity is established, the father can request a court order for shared parental responsibility, visitation, or primary custody. The court will then determine the custody based on the best interests of the child:
744.301 Natural guardians.—
(1) The parents jointly are the natural guardians of their own children and of their adopted children, during minority, unless the parents’ parental rights have been terminated pursuant to chapter 39. If a child is the subject of any proceeding under chapter 39, the parents may act as natural guardians under this section unless the court division with jurisdiction over guardianship matters finds that it is not in the child’s best interests. If one parent dies, the surviving parent remains the sole natural guardian even if he or she remarries. If the marriage between the parents is dissolved, the natural guardianship belongs to the parent to whom sole parental responsibility has been granted, or if the parents have been granted shared parental responsibility, both continue as natural guardians. If the marriage is dissolved and neither parent is given parental responsibility for the child, neither may act as natural guardian of the child. The mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents. If a father has not established paternity under s. 742.011 or s. 742.10(1), the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.
See: Florida Statute 744.301(1)
And, according to Florida case law:
In this context, however, Father's paternity alone does not grant him child custody. See § 744.301(1), Fla. Stat. (2021). The Florida Legislature has granted "primary residential care and custody" of a child born out of wedlock to the child's mother "unless the court enters an order stating otherwise." Id. § 744.301(1).
See: Nelson v. Mirra - 335 So. 3d 236
Related (From our main website and this blog):
- How does time-sharing work in Florida?
- Child Custody in Florida
- Does a child's living preference justify custody change?
- How to File for Child Relocation in Florida and Win Your Case
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