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In Florida, mothers do not have the legal obligation to notify the father nor do they have to obtain the father's consent to do so.
Even if a father signs a child's birth certificate, he will still need to file a Petition to Establish Paternity with the court if he and the child's mother are unmarried. Furthermore, a person cannot file this type of petition until he or she has lived in the state for at least six months.
Paternity can be established by filing a civil action in circuit court. A judge can establish paternity by court order. We will ask the court to hear the case and then a judge decides whether or not paternity is established.
Essentially, the court will not allow the child to be legally fatherless, so the husband may be forced to pay child support. The situation is also greatly complicated if the husband does not want to give up his rights to the child.
New Florida Law Grants Equal Parental Rights to Unwed Fathers Effective July 1st. A new Florida law effective as of July 1 gives fathers whose children were born out of wedlock equal parental rights in the Sunshine State.