In Broward County, Florida the courts lien toward awarding the mothers and fathers each 50 percent time with their child unless there was a reason that a different timeshare schedule was in a child’s best interests. Each parent is examined as to each parent’s ability to meet their child’s developmental needs.
Father’s Rights
Many fathers believe they established their legal rights as a father if their name appears on the child’s birth certificate; however, this is a common misconception in Florida. Florida law provides unmarried mother’s 100 percent visitation rights to a child and sole decision making in reference to the child until such time as a biological father obtains an order establishing paternity and designating a parenting plan to set forth each parents right to time with the child and to make decisions related to the child.
If you were not married to the child’s mother at the time of the child’s conception or birth and even if you are a couple and residing together, you need to obtain an adjudication of paternity and a designation of a parenting plan in order to establish your legal right to participate in your child’s life and make decisions about his or her upbringing.
If you are a couple but not married, as a man you can file a petition for paternity to let your partner know that you love and want to be the legal father of your child. You and your child’s mother can jointly agree to an order designating you the legal father that can also include provisions such as both parents have shared parental responsibility to make decisions for the child and in the event that you separate for each party to obtain 50% timeshare with the child.
Parental Responsibility Allocated In Parenting Plans
Florida judges shall order that the decision making for a child be shared by both parents unless the court finds that shared parental responsibility (where each parent must confer with the other parent and mutually make all decisions involving major decisions for the minor child) is detrimental to the child. If shared parental responsibility is not appropriate, the judges in your case will then consider whether it is in the child’s best interest to grant shared parental responsibility with decision-making authority (where both parents must discuss all major decisions but one parent has the right to make the final decision) or sole parental responsibility (where one parent makes decisions for the child without the legal obligation to discuss the matter
A paternity case is by definition a case that involves child custody, parental responsibility and child support with parents that are unwed. In a paternity case, parents can agree that the dad is the legal father of the child or a paternity test can be performed.