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Custody Rights for Fathers In Florida

A father's legal rights to his child(ren) can be complicated and overwhelming but we are here to help.

Custody of children, child support and visitation rights is a difficult area of the law for the family court judge to decide. When both parents fervently believe that they are the "best" parent to have "custody" of their child or children it can be a harrowing, expensive and extremely emotional experience.

This occurs not only for the parents but it affects the children or child as well.

Download our informative FREE guide on Children and Divorce

Visiting Rights For Fathers in Florida

In Florida, visitation laws are now time-sharing laws. This means that the amount of time-share you are awarded affects your child support payments. This also means that it will be much easier to change a current Order for visitation with your children.

You and your ex-spouse can agree on a change of the visitation schedule but you must get the agreement (parenting plan) approved by the court before it will be enforceable.

Do Fathers Have Rights In Florida?

Yes. In the past several years, Florida has ben through (and won) a hard-fought battle for men's equality regarding their children.

There has been a complete overhaul in Florida's law regarding the time-sharing arrangements awarded in divorce and paternity cases. Instead of one parent (usually the mother) being awarded the status of “primary residential parent”, we now have "parenting plans" where responsibility for every aspect of the children's lives must be spelled out.

Can A Father Get Custody Of His Child In Florida?

In Florida it is rare for either parent to get sole parental responsibility and custody. However, it is not impossible. In order for a court to grant full custody to either parent, the court must determine that shared parental responsibility would be harmful to the children and not in their best interests.

Therefore, in order for a father to get full custody in Florida, he must show the court that giving any parental responsibility to the mother would be detrimental to the children involved. Demonstrating that the mother is likely to undermine the relationship between the father and the children or that she is unlikely to adhere to the court-ordered time-sharing plan are two examples of circumstances that could result in full custody for the father.

A Father's Legal Rights To His Child

Florida's Custody Rights (aka Time Sharing Schedule and Parenting Plans) require that the court consider "the best interest of the child(ren)" when the court is deciding a child custody case (time sharing schedule and parenting plan).

It sounds simple but it involves many factors and is quite complicated.

After considering these many different factors the court makes a parenting plan determination.

Some factors involved in Florida child custody issues:

1. The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required.
2. The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.
3. The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.
4. The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.
5. The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.
6. The moral fitness of the parents.
7. The mental and physical health of the parents.
8. The home, school, and community record of the child.
9. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
10. The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child’s friends, teachers, medical care providers, daily activities, and favorite things.
11. The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.
12. The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.
13. Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
14. Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
15. The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.
16. The demonstrated capacity and disposition of each parent to participate and be involved in the child’s school and extracurricular activities.
17. The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse.
18. The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.
19. The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child’s developmental needs.
20. Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule.

Sometimes a parenting evaluation can be Ordered or a Guardian ad Litem is appointed. An independent investigation is Ordered and a report filed to assist the court in its custody determination. This is only a partial list. The court can use whatever other evidence that is submitted at the hearing, including testimony, to determine the best interests of the child(ren).

There is no method of determining the best interests of the child(ren). There is no exact way to determine if the factors are applied fairly under the circumstances in any individual case. It is important to discuss all the factors with an experienced family law attorney.

What Rights Does A Father Have If His Name Is Not On The Birth Certificate?

If your situation is that your name is not on the child's birth certificate, different outcomes can be achieved depending on other factors.

For Example

1. A child is born to an unwed mother, and nobody is named as the father on the birth certificate.
   a. In this scenario, the child does not have a legal father.
   b. Children with that status were once known as “bastards”, but that term has morphed over the years. They are now known as “illegitimate”, but even that term is sometimes considered politically incorrect. A new term may soon come into vogue.
2. A child is born to an unwed mother, and X is named as the father on the birth certificate.
   a. X is the legal father.
   b. The child is legitimate, and maintains that status, regardless of any other legal changes that may occur in the future
3. A child is born to a wed mother, and her husband is named as the father on the birth certificate.
   a. The husband is the legal father.
   b. The child is legitimate
4. A child is born to a wed mother, and nobody is named as the father on the birth certificate.
   a. The husband is the legal father, but proving this may be difficult without the mother’s cooperation.
   b. The child is legitimate
5. A child is born to a wed mother, and X, who is not her husband, is named as the father on the birth certificate
   a. X is the legal father, but the husband could potentially replace X as the legal father
   b. The child is legitimate

You can read more about this issue in our article Father's Rights in Florida Custody Cases

Parenting Classes

Both parents must attend a parenting class prior to a divorce.

This is the most important area of your case in the judge’s eyes. Under Florida law both parents must attend a parenting class prior to getting a divorce. The parenting class helps parents to understand their changing roles.

This change is short as well as long term. You will have to deal with your ex-spouse for many years to come regarding the child(ren).

Always remember that the child(ren) are not "your" child(ren) but "our" children. When testifying it is important to use the "our" child(ren) as the court will appreciate that you understand this important distinction.

Modifying Custody Rights for Fathers

Modification of Time-Sharing and visitation is possible after a final decision is made by the court.

The burden of proof is on the parent that wants to change the time sharing arrangement. The non-custodial parent must prove that there has been a significant and material change in circumstances since the last Order was entered.

This is a highly technical area of the law and you should contact an attorney to determine if your present custody (time sharing) arrangement can be modified.

Again, make sure that if you enter into any agreements regarding the custody (time sharing) of your child(ren) it is important that you understand your legal rights prior to signing the agreement.

Contact The Men's Rights Law Firm attorneys specializing in Custody Rights for Father's, to schedule your consultation and learn more about Men's Rights In Divorce. Or call us today at 239-829-0166.

Our Areas Of Practice Include:

• Men's Rights
• Florida Divorce Appeals Process
• Domestic Relations (Florida Family Law)
• Domestic Violence towards Men
• Men's Rights in Divorce
• Parenting Plans
• Father's Rights to Visitation (Time Sharing)
• Father's Rights in Child Support
• Paternity Rights for Men
• Father's Rights in a Dependency Action