No matter how forward-thinking we’ve become as a society, sometimes the law is slow to catch up. For instance, in Florida, when an unmarried couple parted company after having a child, the courts historically declared the mother the natural guardian. If the father wanted to play a part in the child’s upbringing, he had to petition the court to prove paternity for the right to see and care for his child. Even then, the mother usually had the legal advantage.
But unmarried fathers have something to cheer about this Father’s Day. Last July, Florida took significant steps towards empowering the rights of unmarried fathers and leveling the parenting playing field. At Melone Hatley, P.C., our Florida family law attorneys in Tampa, are here to unpack Florida’s new paternity law and discuss how it may affect you if you are an unmarried father seeking participation in your child’s life.
Florida’s New Paternity Law
Florida’s House Bill #775, Shared Parental Responsibility After Establishment of Paternity, otherwise known as the Good Dad Act, now provides unmarried fathers newfound rights and opportunities.
While previously unmarried fathers had to undergo a time-consuming and costly legal process to establish paternity in court to secure parental rights, the new law allows unmarried fathers to be declared the natural guardians of their children just like the mother. Now, if both parents have acknowledged paternity, unmarried fathers no longer must go through the time-consuming, costly, and challenging court process of proving paternity to have an equal say in their child’s education, health care, religious training, and other aspects of their care.
How Does An Unmarried Father Establish Paternity in Florida?
Under the Good Dad Act, an unmarried father no longer needs a court action to establish his paternity. Instead, paternity can now be established through an executed and notarized voluntary acknowledgment of paternity. This is a significant step forward since it allows paternity to be acknowledged outside the courtroom.
The Acknowledgment of Paternity must be executed by both parents, witnessed, and notarized. This will constitute the legal establishment of paternity unless it is rescinded within 60 days of its execution or, under certain circumstances, by a judicial proceeding or court order.
In cases where paternity hasn’t been acknowledged or established, the law maintains the status quo, and the mother retains the right to the primary care and custody of the child unless otherwise stated by the court. Afterward, if the father comes forward, he must file a paternity action to establish his legal rights.
Parenting Plan Requirement
A parenting plan must also be submitted when establishing paternity and parenting rights. This must detail custody and time-sharing responsibilities, how both parents will share the duties of raising their child, who has the primary decision-making authority, and other relevant aspects of their child’s upbringing.
If both parents can’t agree to the terms of a parenting plan, mediation can be an option, allowing a neutral third party to help them come to a mutual agreement. If that fails, the court will hold a hearing to resolve the dispute and both parents will have an opportunity to make their case. The court will then make a decision based on the best interests of the child considering the child’s needs, the parents’ ability to meet those needs, and the child’s relationship to each parent. The court will also consider any history of substance abuse or domestic violence. Both parents must then abide by the court’s decision.
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What is the Legal Significance of the Good Dad Act?
The significance of Florida’s new paternity law? Now, unmarried fathers can more easily establish paternity so they can enjoy the same rights and responsibilities unmarried mothers in Florida have enjoyed.
The Good Dad Act offers several advantages for unmarried fathers and the system overall:
- It affords equal parental rights to unmarried fathers. The Good Dad Act allows unmarried fathers equal parenting rights as the mother once paternity is established, ensuring they have the same legal rights to make important decisions about their child’s upbringing.
- It offers a more streamlined way for the father to establish paternity. The Act simplifies the paternity process through voluntary acknowledgement, avoiding time-consuming and costly court proceedings.
- It reduces the prevalent gender bias in the system. Recognizing that both parents are equally important in their child’s life helps reduce the bias toward the mother that has taken place in Florida family law.
- It promotes cooperative co-parenting. A required parenting plan agreed upon by both parents encourages a cooperative and communicative spirit and supports a more stable environment for the child.
- It requires shared financial responsibility by both parents. The Act ensures that both parents share the financial obligations of raising their child, distributing the financial burden more equitably and ensuring the child’s needs are met.
- It encourages essential father-child relationships. Fathers who are allowed equal rights and responsibilities foster a stronger relationship with their children, which has a positive long-term effect on their well-being.
- It provides clarity and protection for fathers who establish paternity. The Act reduces the likelihood of disputes and legal battles over parental rights and responsibilities.
- It still maintains the best interests of the child standard. The best interests standard will still ultimately protect the child in all court decisions.
What are Some Potential Obstacles an Unmarried Father Might Still Face When Seeking Parental Rights in Tampa, Florida?
While the new Florida law is designed to emphasize the importance of both parents in a child’s life and provide a more equitable framework for unmarried fathers, there may still be some potential obstacles:
- The mother may contest paternity, leaving the father to prove paternity through DNA testing or traditional court proceedings.
- The mother may choose not to cooperate. The new law requires cooperation from both parents to establish a parenting plan. If the mother is uncooperative or disputes the father’s involvement in the child’s life, it will require court intervention.
- Both parents may not agree on the terms of a parenting plan and its specifics.
- Both parents must be prepared and able to contribute financially to the child’s support.
- The final decision is at the court’s discretion. Even after paternity is established and a parenting plan is agreed upon, the judge has considerable discretion in these matters. The father may still face challenges if the court believes the mother’s situation better serves the child’s best interests.
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Does Florida’s New Paternity Law Affect You?
While Florida’s Good Dad Act is a significant step in the right direction for unmarried fathers, conflicts can still arise.
If you are an unmarried father seeking custody or visitation time, you should understand how the new law affects you and how to best position yourself so you are more likely to succeed once the court gets involved.
At Melone & Hatley, P.C., our experienced Tampa family law attorneys are committed to advising and guiding you through the complexities of Florida’s paternity laws and parental rights. For more detailed information about the Good Dad Act and how it might affect your rights as a father, call us at (813) 742-5643 or contact us through our website contact form to schedule a free consultation.
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