Family Law

Father's Rights in Florida

Family Law Areas

Custody Issues

There are a number of complex matters such as child custody and child support issues that must be handled in divorce or paternity cases. These issues may compromise the rights of a father in court depending on the laws of the state. In the State of Florida, once the biological father of a child has been determined through paternity testing, he obtains certain legal rights.
Father’s rights in Florida are fully protected under state law. In most cases, if you are declared the legal father of a child, you have the right to have your name added to the child’s birth certificate.

Father’s rights in Florida will also recognize you as a natural guardian of a child and you may be eligible to take legal action to obtain custody of your child. In cases of divorce, the husband is presumed to be the father of the children of the marriage. This presumption is rebuttable, which means that the assumption of a husband’s fatherhood can be overcome by evidence that the husband is not the father.

The legal father of a child is given the same consideration as the mother when the court determines who the primary residential parent will be. If you were never married to the child’s mother, you have the same legal rights as a married father once your paternity is established and you are declared the legal father.

Fathers have important rights in Florida. If shared parenting is awarded, you and your child’s mother will share in the responsibility of making all minor and major decisions affecting your child’s welfare such as those involving education, health care, religion, illnesses, vacations, and more. You have the right to know what activities your child is involved in and you have the right to partake in those activities. You have the right to your child’s school, medical, dental, and other records as well as to actively consult with your child’s teachers and doctors.

Father’s rights in Florida may include visitation or contact rights, in the event that the child’s primary residence is with the mother. These contact rights include physical visits with the child as well as telephone and Internet contact. Each case is determined on an individual basis and the court considers a number of factors—such as the father’s relationship with the child, his experience in child rearing, his work schedule, and much more—before deciding visitation rights.

Many times fathers do not live near the child. The father may live out of state or overseas. There are many ways to maintain close and continuing contact between the father and the child even when they live thousands of miles apart.

Because paternity cases and divorce cases can be extremely emotional and complex, the assistance of a qualified Florida family law attorney is necessary to best protect your legal rights. In many circumstances, a father may not be aware of the extent of his rights in the State of Florida. An experienced attorney who is familiar with father’s rights in Florida can help explain the proceedings, provide legal advice, prepare your case for trial, and fully protect your legal options.

If you or someone you know is going through the process of a paternity case or divorce case, it is important to seek the early advice of a qualified Florida family lawyer. Our attorneys at the Chartered Law Offices of Troum & Wallsh have a wealth of experience protecting father’s rights in Florida. Please contact us today to learn more about father’s rights in Florida or to schedule a FREE consultation with one of our experienced attorneys.

The Chartered Law Offices of Troum & Wallsh is conveniently located one block from Interstate 4 on Lee Road in Winter Park, Florida. The lawyers are licensed in all Florida State courts. The firm frequently handles family law cases in Orange, Seminole, Osceola, Lake, Marion, Volusia and Brevard Counties and has on occasion handled cases outside of central Florida.