In Florida, there are two types of custody: physical custody and legal custody. Child custody refers to a court order that outlines when and how parents of a child may interact with and possess their child.
Importantly, child custody orders determine who will be primarily responsible for making decisions on behalf of the child, as well as where the child will live the majority of the time. The parent who is awarded greater custody rights is known as the custodial parent, while the other parent is referred to as the noncustodial parent.
In general, the custodial parent is responsible for the day-to-day care of the child. This is because the child lives with them most of the time. The custodial parent is also responsible for making decisions regarding:
- Healthcare;
- Education;
- Religious indoctrination; and
- Various other decisions related to being the main caretaker.
Importantly, parents may also share joint physical and legal custody of their child in the event of a separation. For instance, the custody order may outline that each parent has the right to make decisions regarding the medical care of the child while in their care.
It is important to note that child custody laws in Florida differ between married and unmarried parents. Prior to July 1st, 2023, Florida law presumed that the mother was the natural guardian and entitled to complete possession of a child until further order of the Court.
However, a recent change in the law now grants both parents equal rights once paternity has been established in the case. Paternity can be established through means such as filing a paternity case, voluntarily signing an acknowledgment of paternity form, a Florida Department of Revenue case, or stipulation of paternity by both mother and father. As such, if both parents are listed on the birth certificate but not married, they will share equal rights once paternity is confirmed.
Can an Unmarried Father Take a Child from the Mother?
Whether or not an unmarried father may take a child from the mother will depend on the facts and circumstances of each case. Historically, family laws were stacked against fathers who sought physical and legal custody of their children, especially in cases where they were seeking sole custody.
However, once again, Florida family laws and courts have now become more unbiased as to their perspective on granting a father legal or physical custody of their child.
It is important to note that child custody decisions in Florida will always be based on the child’s best interest standard in Florida. The child’s best interest standard is a legal standard that prioritizes a child’s welfare over the wants and desires of the child’s parents.
This means that in Florida, what is considered to be best for the child will always be placed over the wants and needs of the parents involved. In fact, family law courts in Florida will only make custody decisions based on what is best for the child.
As such, a father seeking to take a child from a mother will have to demonstrate why doing so is in the child’s best interests. For example, if there is evidence that the mother of the child has been actively harming the child, then the child may be removed from the mother, and the father may be granted sole custody.
Examples of common factors used in evaluating a child’s best interest when it comes to determining custody in Florida include:
- Each parent’s relationship with the child;
- Each parent’s history of interactions with the child;
- Whether or not one parent has been acting as the child’s primary custodian and for how long they have been the primary custodian;
- The child’s background, such as their attachment and connections to their home, siblings, family in the area, and school;
- The mental and physical health of each parent;
- The mental and physical health of the child;
- Each parent’s financial state and their ability to provide for their child (i.e., whether they are gainfully employed and can financially care for the child);
- Each parent’s residence, including whether or not the child has their own room, etc.;
- Whether or not the child has any special needs, such as physical health issues, mental health issues, or special medical needs;
- The desires and wishes of the parents, if they have both agreed to a custody arrangement; and
- The child’s preference, if the child is old enough and capable of stating a preference.
- Unlike in other states, in Florida, there is no particular age when courts must consider a child’s preference. Instead, a judge will decide whether the child is intelligent enough to state a preference regarding custody.
What Will Likely Happen if There Is a Custody Battle Between Unmarried Parents?
As far as what is likely to happen if there is a custody battle between unmarried parents, the child custody laws for unmarried parents in Florida will understandably play a significant role. For example, if paternity has not been established for the father, then the custody of the child will automatically go to the mother until paternity is established.
However, if paternity has already been established, then the child’s best interest standard will be utilized to determine the child’s best interest. In general, in Florida, it is presumed to be in the best interests of a child to spend equal time with both of their parents.
In other words, joint physical and legal custody is often presumed to be in the child’s best interests and a favored arrangement by judges. As such, if a parent wishes to stray away from a standard possession order, as outlined in the Florida Family Code, then they will have to provide sufficient evidence as to why the judges should consider that arrangement.
A local attorney in Florida is often necessary in order to ensure that a parent’s legal rights are protected during a custody fight. In order to avoid a lengthy and costly custody battle, it is important for both parents to do their best to remain amicable when determining their child’s custody. An attorney can help you avoid a lengthy and expensive custody battle and help you find a custody arrangement that works for all parties while protecting your rights.
What Are Some Other Issues That Unmarried Parents May Experience?
There are many issues that unmarried parents may experience when it comes to a child. Overall, the biggest issue that will result in additional issues for unmarried parents would be if there is unestablished paternity. Once again, without an establishment of paternity, determining child custody will be complicated.
This is because the father will often have to first take court action or be ordered, as a result of court action by the mother, to take action in order to determine paternity. This is often done through court-ordered DNA testing. After that entire process is completed, then a custody battle will often ensue between the two parents.
Establishing paternity is also important for a variety of other matters concerning a child, such as tax implications, making decisions regarding the child’s upbringing, and establishing child support. In Florida, the primary custodial parent has the right to receive financial support in the form of child support from the non-custodial parent, even if the parents are unmarried.
Another common issue is if one of the unmarried parents lives outside of Florida. Under the Uniform Child Custody Jurisdiction and Enforcement Act (“UCCJEA”), the child’s home state is the court that has jurisdiction in child custody matters.
In general, children born in Florida are considered to be under the jurisdiction of Florida courts. However, if the child has lived in a different state for six or more months before filing the custody case, then Florida may no longer have jurisdiction.
Do I Need an Attorney for Help with Child Custody Issues Between Unmarried Parents?
If you are an unmarried parent in Florida and are experiencing issues related to child custody, it is advised that you consult with an experienced Florida child custody lawyer. LegalMatch can assist you with setting up an initial legal consultation with an attorney in your area. That attorney will then be able to advise you as to what your best course of legal action is when it comes to protecting your parental rights and child custody.
An experienced and local child custody attorney will also be able to help you understand Florida’s law regarding child custody. They will also ensure your child’s best interests are being protected throughout the entire custody case while also ensuring that your parental rights are also protected. Finally, a child custody attorney will also be able to represent you in court, as needed.
