Child custody can be a complex topic, especially when the circumstances are not as cut-and-dry as the typical scenario. For example, when the parents are not married. In this case, parents have to establish their legal rights and responsibilities intentionally, which takes a bit more work and certainly legal guidance as you move through the court system.
Custody arrangements
In Florida, custody is generally split into two types: legal custody and physical custody.
- Legal custody refers to the right a parent has to make important decisions about the child’s life, like healthcare decision, schooling matters and even decisions about religion.
- Physical custody is where the child lives.
The state of Florida allows parents to share the responsibilities of parenting. However, this requires the parents to communicate well with each other and for them to have the child’s best interest at heart.
Shared parenting
Florida encourages parents to share custody of their children because, in most cases, the child benefits from having a relationship with their parents. Under shared parenting, both parents have equal rights and responsibilities regarding major decisions about the child’s life.
Visitation: the “other” parent
Once parenting has been established, the parent who does not live with the child has the right to seek visitation. Florida courts prioritize the child’s best interests when making decisions, so it is highly likely that the court will consider:
- The child’s age and needs
- The parents’ ability to communicate and parent effectively
- The parents’ willingness to encourage a relationship between their child and the other parent.
As you can see, it is important to the court that parents encourage a relationship between the child and the other parent. Unmarried parents can agree on a visitation schedule, which can be formalized in a court order. If the parents cannot agree, the court will decide for them.
Parental rights of unwed fathers
Unmarried fathers often want to know what rights they have, if any. In Florida, unmarried fathers have rights but those are contingent upon the father establishing paternity. This means that if the father is not married to the mother and his name is not on the child’s birth certificate, he should seek to establish paternity via the courts as soon as possible.
Understanding custody and visitation laws
For unmarried parents in Florida, understanding laws regarding child custody and visitation is crucial, so they can act based on that knowledge. Especially in cases where paternity has not been established, or where there is no formal visitation schedule or an order establishing legal or physical custody, the parents should seek counsel from an experienced attorney.