Orlando, FL asked in Child Custody for Florida

Q: Babys parents are not married but the father is listed on the birth certificate if the parents split who has custody?

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1 Lawyer Answer
Deborah Annette Carroll
Deborah Annette Carroll
  • Divorce Lawyer
  • Lakeland, FL
  • Licensed in Florida

A: If not married, the father will have to file a Petition to Establish Paternity to legalize his parental rights. So custody will automatically fall to the natural mother until paternity is established by a court of law. The standard for custody in the state of Florida is shared parental responsibility. This means both parents have equal input, influence, and authority over the child. If a petition to establish paternity is granted, it is likely that shared parental responsibility will be the custody determination. The court would also determine, if requested, time sharing and child support.

When it comes to issues such as who is allowed to pick a child up from daycare or provide information for medical treatment, those providers often will grant access to whomever is listed on the birth certificate.

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