Florida Statute 744.301: Mother is the Natural Guardian of the Child
Florida Statute 744.301 provides that “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.” According to Florida law, a minor child does not have a legal father if the mother is not married when the child is born. A father must file a Petition to Establish Paternity Florida in order to establish Paternity have timesharing and other legal rights with/over the child.
Married couples should know that dissolution of marriage is not automatically granted upon a spouse’s petition. There is a process that must be followed to satisfy the court’s requirements. In a circumstance where a husband knows he is not the natural father of a child, but is still married to the mother at the time of birth, complications may arise. Alternatively, if a married woman chooses to not allow husband’s name on the birth certificate, the husband may need to file a court action to establish his rights as a father through the court. Always research your legal rights, and when in doubt, contact the Jacobs Law Firm.
Does Signing A Birth Certificate Establish Paternity In Florida?
Recall that when a father signs an Acknowledgement of Paternity form, a father’s name is written into the child’s Birth Certificate. Clients often tell us, “Of course he is the dad, his name is on the Birth Certificate.” Signing the form and having father’s name written into the Birth Certificate is just one step in the process of establishing paternity in Florida. Being on the Birth Certificate may subject an unwed father to making child support payments, but it does not grant him any parental rights to timesharing with the child or decision-making authority over the child. Those rights are conferred by the court upon the filing of a Petition for Paternity Florida. There is a measure of protection for a father whose name is on the form. This entitles a father to due process rights. A father must receive notice in this circumstance if the child is put up for adoption. In most cases when a father signs the form, he is prevented from contesting that he is the natural father of the child. There are obvious burdens and benefits to making this decision.