Joint custody arrangements are the most common type of custody agreement. With joint custody, both parents split time with the child. Children travel between each parents' homes on a regular, scheduled basis. Time for holidays and special occasions is also divided between each parent.
If parents were married at the time of the child's birth, both have equal rights to the child without a court order. The unmarried mother automatically has custody of the child until a court order states otherwise. The father has no rights until he files for legal recognition as the father.
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Under Florida law, the mother is the natural guardian of a child born outside of marriage. The mother will automatically have legal custody of the child in the event an unmarried couple separates.
Your first step is to use the Petition for Custody form available at your local courthouse. I have also attached a copy here for your reference. Once you have it filled out, you will need to submit the petition to the Family Law Division of the District Court in the county where you or the other parent reside.
The fact of the matter, however, is that Florida views the rights of a father to be equal to those of a mother once paternity has been established. Under Florida Statute 61.13(2)(c)(1), the Court is not permitted to show a preference for the father or the mother.
Summary. Florida's new custody law for unmarried parents has changed, now granting both the mother and father equal rights if paternity has been established.
Child Support A child has the legal right to financial support from both parents, even if the parents were never married. If legal paternity has been established, unmarried parents will both have the same child support obligations and responsibilities as divorcing parents.
Florida law distinguishes separate property from marital property in a divorce, though there can only be rights to marital property if you are married. Unmarried couples are not considered to have shared property unless both partners are listed as owners.