Unmarried father’s rights

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This article is provided for informational purposes only and should not be considered legal advice. In this guide, we will address the most common questions and concerns related to alimony in Florida, helping you navigate the complex terrain of this important aspect of divorce law.

“Legally” there are two (2) types of Fathers: legal (married to the Mother or adjudicated by a court) and biological (not married to the Mother and not adjudicated by a court). Legal Fathers have rights, all the same rights as the Mother, and Biological Fathers have very few rights if any; is this fair, no, but that is the law. So, what can a Biological Father do to become a Legal Father with rights? It is not complex, but it is not always done; especially, if the Biological Father is still in a relationship with the Mother, they rarely take the step to become the Legal Father, and they end up having to spend a lot of time and money fighting for their legal rights to parent their child, or prevent their child from being adopted by another person. A Biological Father can marry the mother prior to the child being born, and he will be the legal Father with all the same rights as the Mother. The biological Father can file a pleading with the court to petition to be adjudicated the Legal Father, and at that point he will have all the same rights as the Mother. If you are not the Legal Father, you cannot prevent the Mother from leaving the city, county, state or even country; however, as the Legal Father you can stop that relocation, or at least postpone it long enough to get a parenting plan for your child. It is important to establish your paternity so you can be the parent you want to be for your child, you deserve it and so does your child. You should hire an attorney for assistance on becoming the legal Father. At Schwam-Wilcox & Associates we can help you achieve your goal of becoming a Legal Father (as long as the evidence required is provided).

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