A Father Has Rights; We Fight For Them
Establishing paternity as an unmarried father takes extra-legal steps that will allow you custody, visitation and the right to make decisions for your child. A skilled family law attorney can help you maneuver through the legal system, allowing you to continue your role as a parent and build a relationship with your child.
For over two decades, I have created a caring, personal and reliable family law practice through my firm, McNelis Law, P.A. I have devoted my practice to helping clients in the central region of the state, where I grew up and continue to live. If you are a father – whether divorced or unmarried – seeking parental rights, Ms. McNelis and her team can help you.
Custody, Visitation And Decision-Making
You deserve to be a part of your child’s life. As a father, you play an important role in raising your child. In Florida, the law uses “parental responsibility” and “time-sharing” to refer to custody and visitation. I will make sure that the court establishes your parental rights, which include:
- Time-sharing or child custody: This refers to the court-mandated schedule that outlines the amount of time a child will spend with a parent. A judge prefers that parents have a 50/50 time-sharing schedule, but this can change due to concerns about the mother’s fitness. I can build a compelling, evidence-backed case that meets the best interests of your child.
- Shared parental responsibility: The courts prefer that both parents retain decision-making power over a child’s upbringing.
- Sole parental responsibility: Should co-parenting not be in your child’s best interest, I can help you pursue sole parental responsibility for prioritizing their safety.
- Targeted visitation schedules: I can help you draft a time-sharing schedule that shows your active involvement in your child’s day-to-day activities.
Your rights as a father matter. Florida’s legal system can be overwhelming to navigate alone, but you have my team and me by your side. We will continuously collaborate to build strategies that aim to protect your family.
Frequently Asked Questions On Paternity And Fathers’ Rights
The following FAQs address common queries fathers have about custody and paternity matters in Florida.
What if the mother of my child is preventing me from seeing them? What can I do?
When a parent interferes with a father’s ability to see their child, the situation should be taken seriously. In Florida, parental access is governed by court orders, not personal disagreements.
If there is already a court-ordered parenting plan in place, denying time-sharing may be a violation of that order. A father in this situation may have several legal options available, including:
- Filing a motion to enforce the existing parenting plan
- Requesting make-up time-sharing
- Asking the court to impose sanctions for repeated violations
- Seeking a modification if interference is ongoing and harmful
If no court order exists, the father may have limited enforceable rights until legal steps are taken. Establishing formal time-sharing through the court is often the first and most important step.
Do fathers have equal rights to mothers in Florida custody cases?
Yes. Florida law does not favor one parent over the other based on gender. Fathers and mothers are evaluated equally when determining parental responsibility and time-sharing.
Courts focus on the best interests of the child. Factors the court may review include:
- Each parent’s ability to provide a stable environment
- The willingness of each parent to support the child’s relationship with the other parent
- The mental and physical health of both parents
- Each parent’s involvement in the child’s daily life
Fathers who are actively involved and prepared to demonstrate their commitment usually receive quality time-sharing rights. However, asserting fathers’ rights in Florida requires proper legal action and a strong presentation of facts.
How long does the paternity establishment process take in Florida?
The timeline for establishing paternity in Florida depends on how the process begins and whether the parties agree. In general, paternity may be established through:
- Voluntary acknowledgment signed by both parents
- Administrative proceedings through the state
- A court action that may include DNA testing
Voluntary acknowledgment is usually the fastest method. Court-based cases take several months, especially if testing, hearings or disputes are involved.
Until paternity is legally established, fathers may have no enforceable custody or time-sharing rights. Working with a Florida paternity lawyer helps avoid delays, protects legal rights and ensures the process is completed correctly.
Prompt Reaction Is A Must. Call Today For Reliable Counsel
Father’s rights tend to be complex due to temporary parenting arrangements. Your child gets accustomed to the current routine, which can be challenging when arguing for equal custody later.
I understand this pain point. Together with my team, we can take swift action to protect your rights as a divorced or unmarried father. Call me at 863-410-0041 for a free consultation, or fill out our online contact form.
