In today’s society, many parents in their  20’s and 30’s are raising children together without getting married.  Although most parents  believe  they  have  the exact same rights as  if they had children while married, under Florida Family Law, this  assumption is wrong.   Most fathers immediately upon the birth of their children absolutely believe that  they have  the exact  same  legal rights to their children as does the mother.  This assumption is correct on one hand and completely incorrect on the other hand.  So  you may be asking yourself  what the heck does that mean.  In Florida, generally speaking,  both Husbands and Wives would  have equal access to their children and the equal right to shared parental responsibility.  If a Husband  or Wife relocates the children more than 50  miles without the other spouses consent or  the Court’s order, a Judge could order  the children to be returned to the last place the children lived before relocation, plus the Court could order other sanctions as per Florida  Stature 61.13001.

So why is  paternity and children related issues so different and complicated?  The simple answer is that in Florida an unwed father has NO  rights as it relates to his children until a Court order declares him to be the legal father of the children.  Once the Judge signs a judgment or court order finding that the father is the legal father of the  children, then the father then WILL have equal  rights to access to his children and co-parenting as does the mother.  The key event in a paternity case is to have the father officially declared by court order as the legal father of the children as soon as possible.   For this reason, if a father wants to exercise timesharing or the right to co-parent his children, the  father must take immediate steps to have himself legally declared the father of his own children.   If you have a legal  issue concerning paternity and what steps are needed to have a father declared the legal  father of the children, the family law attorneys at Schantz and Schantz are here to help.

If you have a paternity law or other family law issue such as Florida divorce, please feel free to schedule a consultation with one of the Florida family law attorney at Schantz and Schantz in either our Coral  Springs (Parkland) or Weston, Florida offices.   We can be easily reached to schedule a consultation  at 954-385-1536.  We look forward to helping  you and your family.