When married couples have children, fathers automatically have certain legal rights. The situation is less clear in cases where unmarried couples have children. Unmarried fathers have the same theoretical rights as any other parents. However, they may need to take special steps to make use of those rights. Unmarried fathers typically need to establish paternity for the state to grant them time sharing and decision-making authority.
Do unmarried fathers have to go to family court to officially establish paternity?
Cooperative options do not require litigation
Unmarried fathers often have their names added to the birth certificate immediately. They attend the birth at the hospital and cooperate with the mother immediately after the birth to ensure that the birth certificate reflects the child’s parentage.
If a man did not fill out paternity paperwork with the mother of his child at the hospital, then he may have the opportunity to take that step later while the child is still a minor. So long as the mother agrees to cooperate with the father, the pair can execute an Acknowledgment of Paternity form.
They then submit the document to the Florida Bureau of Vital Statistics to update the birth certificate for the child. Family court litigation to establish paternity is only necessary in cases where mothers refuse to acknowledge fathers or where there are questions about who actually is the father.
Understanding the rules for establishing paternity in Florida can help fathers make use of their parental rights. Most men have the option of establishing paternity and seeking shared custody without litigating. Fathers hoping to establish paternity may need help evaluating their options and choosing the best path forward, and that’s okay.