Understanding paternity in Florida is critical for fathers who want to protect their parental rights. Whether you’re trying to be recognized as a legal father or seeking custody and visitation, the process depends heavily on your relationship status with the child’s mother and what steps you’ve taken legally.
What Is Paternity in Florida?
Paternity refers to the legal identification of a child’s father. In Florida, this can affect everything from child support to custody (time-sharing) and parental decision-making rights. Simply being listed on the birth certificate does notautomatically grant you legal rights if you’re not married to the mother.
How Paternity Is Established in Florida
1. Marriage
If the mother is married at the time of the child’s birth, her husband is legally presumed to be the father.
2. Voluntary Acknowledgment of Paternity
Unmarried parents can sign a Voluntary Acknowledgment of Paternity (Form DH-511). This becomes legally binding after 60 days.
3. Genetic Testing and Administrative Order
If paternity is disputed, the Florida Department of Revenue may order a DNA test. A positive test can lead to an administrative order without going to court.
4. Court-Ordered Paternity
Either parent can file a Petition to Establish Paternity in family court. This is often needed when the parents don’t agree on custody, child support, or parental rights.
5. Legitimation Through Marriage
If the parents marry after the birth, they can update the birth record using an official state form to legally establish the father.
What If You’re Not Married to the Mother?
Even if your name is on the birth certificate, you don’t automatically have legal parental rights in Florida if you’re not married. To gain those rights:
- You must legally establish paternity
- You may need a court order for custody (time-sharing) or visitation
- Without this, the mother has sole legal decision-making authority
Can a Father Get Full Custody in Florida?
Yes. Florida law does not favor one parent over another based on gender. A father can be awarded full custody (sole parental responsibility and majority time-sharing) if the court determines it’s in the best interest of the child — especially in cases involving neglect, instability, or the other parent being unfit.
How Can a Father Get Custody in Florida?
To seek custody, a father must:
- Establish paternity (if not already done)
- File a Parenting Plan with the court
- Demonstrate the ability to provide a stable, safe, and nurturing environment
- Show involvement in the child’s life
Florida courts encourage shared parental responsibility, but will grant full custody to one parent if justified by the circumstances.
FAQs: Florida Paternity and Father’s Rights
Do fathers have rights if they’re not on the birth certificate?
No. You need to establish paternity legally before you can request custody or time-sharing rights.
What happens if the mother refuses to acknowledge me as the father?
You can file a paternity action and request a court-ordered DNA test to confirm biological paternity.
Can I get joint custody if I’m not married to the mother?
Yes, but only after legal paternity is established. You’ll then need to petition the court for a time-sharing schedule.
Need Help Establishing Paternity or Gaining Custody?
At The Orlando Law Group, we help fathers throughout Orlando and Central Florida assert their parental rights. Whether you need to establish paternity or fight for custody, we can help guide you every step of the way.
📞 Call 407-512-4394 or schedule your consultation today.
You deserve to be part of your child’s life — let’s make it happen legally.
Last Updated on May 30, 2025 by The Orlando Law Group
