Florida Child Custody Rights Explained!

The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless a court of competent jurisdiction enters an order stating otherwise.

In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.

If unwed parents get married, there is no need to file a paternity action because the marriage will legitimize the child. The father will automatically become the legal father and have the same rights to the child as the mother does.

If there is no court order which names someone else as the legal guardian, the natural mother is the only legal guardian of the child. The father cannot attempt to take the child without first obtaining a court order. If the father attempts to do so, the mother should call the police. Under Florida law, anyone attempting to take the child without a court order can be charged with the crime of “interference with custody”. However, it is important to remember that anyone who tries to take the child can defend himself/herself of the charge by claiming that they reasonably believed that the child’s welfare was in danger.

If you ever believe your child is in physical danger, you may want to contact the police or the Department of Children and Families to file the appropriate report.

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