Establishing Parental Rights in Florida for Unmarried Parents
If you are an unmarried father in Florida and the mother of your child is refusing to let you see your child, you may be wondering what rights you have and what you can do next.
Maybe you are listed on the birth certificate. Maybe you are not. Maybe you have always been involved in your child’s life, helped support your child and had regular contact until the relationship between you and the mother broke down.
Then suddenly you are being told when—or whether—you can see your own child.
This is one of the most common reasons unmarried fathers contact Divorce in Florida Online about establishing parental rights.
Florida has a court process that can address legal parentage, parental responsibility, a parenting plan, time-sharing and child support. Divorce in Florida Online can prepare the documents needed to begin that process based on the information you provide.
You do not have to be getting divorced to establish parental rights.
I Want to Be in My Child’s Life, but the Other Parent Is Preventing It
Many unmarried parents never go to court while their relationship is working.
They may live together for a period of time or simply work out when the child will be with each parent. There may be no written parenting plan and no court-ordered time-sharing schedule because, at the time, they don’t feel they need one.
The problem often appears after the relationship ends.
If communication breaks down and one parent begins restricting the other parent’s access to the child, the informal arrangement may no longer work.
That is often when a parent begins looking for a way to formally establish parentage, parental responsibility and a time-sharing schedule through the Florida court system.
What Does It Mean to Establish Parental Rights in Florida?
For unmarried parents, establishing parental rights can involve more than simply determining who the child’s biological father is.
Under Florida law, a parentage proceeding can address issues including:
- Legal parentage or paternity when it still needs to be established
- Parental responsibility
- A parenting plan
- A time-sharing schedule
- Child support
- Other child-related matters addressed by the court
Florida Statute §742.011 provides a court process for determining parentage and, after a child is born, for addressing parental responsibility, child support, a parenting plan and time-sharing.
Source: Florida Statute §742.011 – Determination of Parentage →
I’m on the Birth Certificate. Isn’t That Enough?
This is an important distinction.
A father may already have taken steps that established paternity, but that does not necessarily mean there is already a court-established parenting plan or time-sharing schedule telling both parents when the child will be with each of them.
Florida law specifically addresses situations in which paternity has already been established but parental responsibility, a parenting plan, time-sharing and child support still need to be established through the appropriate court process.
So if your question is:
“I’m already recognized as my child’s father. Why don’t I have a schedule for seeing my child?”
The missing piece may not be biological fatherhood. It may be the absence of a court-established parenting and time-sharing arrangement.
Source: Florida Statute §742.10 – Establishment of Paternity →
What If I’m NOT on My Child’s Birth Certificate?
Not being listed as the father on your child’s current birth certificate does not necessarily end the inquiry.
If legal paternity has not already been established, Florida provides procedures for establishing it.
A parentage proceeding under Florida law can determine paternity and can also address the parenting issues that brought many fathers to this process in the first place, including parental responsibility, a parenting plan and time-sharing.
Florida also has procedures for amending a child’s birth record after paternity has been established when the requirements for the amendment are met.
Source: Florida Department of Health – Birth Record Amendments and Corrections →
Can the Mother Keep Me From Seeing My Child?
This is usually the question behind the phone call.
When unmarried parents have been handling parenting informally and there is no court-established time-sharing schedule, a breakup can expose just how fragile that informal arrangement was.
A court-established parenting plan and time-sharing schedule creates a formal framework addressing when the child spends time with each parent and how parenting responsibilities will be handled.
What a court should order in your individual case is a legal question. Divorce in Florida Online does not decide what time-sharing schedule you should request, tell you what a judge will award or provide legal advice.
What we can do is prepare the appropriate documents based on the information and decisions you provide.
What Is a Florida Parenting Plan?
A parenting plan establishes how parenting will work once there is a formal court arrangement.
Depending on the circumstances, a parenting plan can address matters such as:
- When the child spends time with each parent
- Weekday and weekend schedules
- Holidays and school breaks
- Summer time-sharing
- Transportation and exchanges
- Responsibility for healthcare and school-related decisions
- How parents communicate about the child
- How parents communicate with the child when the child is with the other parent
For a more detailed explanation, see our Florida Parenting Plan Explained guide.
How Is Time-Sharing Decided?
Florida uses the term time-sharing rather than traditional custody and visitation terminology when describing the schedule for a child’s time with each parent.
When parents do not agree, Florida courts determine parenting and time-sharing matters according to the child’s best interests and the factors established by Florida law.
Those factors address many aspects of the child’s circumstances and each parent’s ability to meet the child’s needs.
Learn more in our Best Interests of the Child in Florida guide.
Source: Florida Statute §61.13 – Parenting and Time-Sharing →
What If the Other Parent Refuses to Agree?
The fact that the other parent does not voluntarily agree to a parenting arrangement does not necessarily prevent a parentage case from moving forward.
In a court case, the other parent must receive proper notice and has an opportunity to respond. If the parents disagree about parenting, time-sharing, support or other issues, those disputed matters may require additional court proceedings.
This is one of the major differences between an informal parenting arrangement and establishing parental rights through the court system.
Divorce in Florida Online can prepare documents, but we do not represent either parent in court or argue contested parenting issues.
What Happens After the Parental Rights Case Is Started?
The exact process depends on the facts of the case and how the other parent responds.
Generally, a parentage case may involve steps such as:
- Preparing and filing the appropriate parentage documents
- Providing the other parent with the legally required notice or service
- The other parent having an opportunity to respond
- Providing required financial information
- Addressing child support
- Preparing or addressing a parenting plan and time-sharing schedule
- Completing additional court requirements applicable to the case
- Obtaining a final court order establishing the matters decided in the case
A disputed case may require hearings or other court proceedings. We do not promise that a parental-rights case can be completed without a court appearance.
What About Child Support?
Child support can also be addressed in a Florida parentage proceeding.
One source of confusion is the belief that paying child support automatically creates a time-sharing schedule—or that being denied time with a child eliminates a support obligation.
Florida law treats child support and time-sharing as separate obligations.
If you need general information about how support is calculated, visit our Florida Child Support guide.
I’m Paying Child Support but I’m Not Allowed to See My Child
This can be especially frustrating for a parent who is financially supporting a child but does not have a court-established time-sharing schedule.
Florida law does not treat child support and time-sharing as something parents can simply exchange for one another.
For example, withholding court-ordered support does not justify withholding time-sharing, and withholding time-sharing does not automatically eliminate a court-ordered support obligation.
If there is no parenting plan or time-sharing schedule in place, establishing one through the appropriate court process may address the parenting arrangement going forward.
Do I Need a DNA Test?
Not every parentage case begins in the same position.
Paternity may already have been legally established in some cases. In others, parentage itself may still be disputed or need to be determined.
Whether genetic testing is necessary in a particular case depends on the circumstances and procedural posture of that case.
If parentage is disputed and you need advice about what evidence or testing should be requested, you should consult a licensed Florida family-law attorney.
Can I Establish Parental Rights Without Hiring an Attorney?
Florida provides family-law forms for people who represent themselves in paternity cases.
That does not mean every case is simple.
If you know what you want to request and need help preparing the required documents, a non-attorney document-preparation service may be an option.
If you need legal advice about what you should request, how to prove disputed facts, whether a particular parenting arrangement is legally appropriate or how to present your case to a judge, you should speak with a licensed attorney.
Source: Florida Courts – Family Law Forms →
How Divorce in Florida Online Can Help
Divorce in Florida Online has helped Florida families prepare court documents for more than 15 years.
We are non-attorney document preparers. We do not represent you in court and we do not provide legal advice.
For parental-rights cases that fit our document-preparation service, we can help prepare the required documents based on the information and decisions you provide and guide you through our document-preparation process.
- Document preparation
- Remote communication throughout the preparation process
- Notarization assistance when applicable
- E-filing assistance when applicable
- English and Spanish service
No office visit is needed.
You Want to Be Part of Your Child’s Life. Let’s Start With the Paperwork.
If an informal arrangement has stopped working and you need to establish parental rights, a parenting plan and time-sharing through the Florida court system, tell us a little about your situation.
It does not matter whether you are currently listed on your child’s birth certificate when you contact us. We can review the information you provide and determine whether your situation fits the parental-rights document-preparation service we offer.
Tell Us About Your SituationFrequently Asked Questions About Establishing Parental Rights in Florida
Can an unmarried father establish parental rights in Florida?
Florida law provides a parentage process that can address paternity, parental responsibility, a parenting plan, time-sharing and child support. The appropriate documents and issues depend on whether paternity has already been legally established and the circumstances of the case.
What if the mother will not let me see my child?
If there is no court-established parenting plan or time-sharing schedule, a parentage proceeding can provide a process for asking the court to establish parental responsibility and time-sharing. What schedule should be requested or ordered is a legal question that depends on the individual case.
What if my name isn’t on the birth certificate?
Florida provides procedures for establishing paternity when it has not already been established. Once paternity is legally established, Florida also provides procedures for amending a birth record when the applicable requirements are satisfied.
If I’m on the birth certificate, do I automatically have a time-sharing schedule?
Not necessarily. Establishment of paternity and establishment of a court-approved parenting plan and time-sharing schedule are related but distinct issues. A parent may need a court proceeding to establish the parenting arrangement even when paternity is already established.
Can I get time-sharing if the other parent doesn’t agree?
The other parent’s refusal to voluntarily agree does not necessarily prevent a parentage case from proceeding. When parents disagree, the court may need to resolve disputed parenting issues according to Florida law and the child’s best interests.
Does paying child support give me visitation rights?
Paying child support does not itself create a specific court-ordered time-sharing schedule. Child support and time-sharing are separate issues that can both be addressed in the appropriate court proceeding.
Do I have to hire a lawyer to establish paternity in Florida?
Florida provides family-law forms for self-represented parties. A document preparer can prepare forms based on information you provide but cannot give legal advice, recommend what you should request or represent you in court.
Watch: Establishing Parental Rights in Florida
Florida Sources Used for This Guide
- Florida Statute §742.011 – Determination of Parentage
- Florida Statute §742.10 – Establishment of Paternity
- Florida Statute §61.13 – Parenting Plans, Time-Sharing and Child Support
- Florida Department of Health – Birth Record Amendments and Corrections
- Florida Courts – Family Law Forms
Legal Disclaimer
Disclaimer: The information on this website is provided for general informational and educational purposes only and should not be construed as legal advice. Divorce in Florida Online is not a law firm, and no attorney-client relationship is created by the use of this website or its content. We do not provide legal advice or legal representation. Laws and procedures vary by case and may change over time. For legal advice regarding your individual circumstances, you should consult with a qualified, licensed attorney.