Many families in Florida are comprised of parents who were never married with children. If you fall into this category, rights and responsibilities under Florida law fall under a separate set of rules than those for divorcing individuals, and if you are considering a separation from your significant other, you need to consider what rights you need to assert and what responsibilities you need to assume. For example, fathers of children need to assert their parental rights by filing a petition to determine paternity in the circuit court. Under Florida law, in paternity matters, mothers have sole parental responsibility until such time as a father asserts his rights. This means that until a father establishes his paternal rights, the mother makes all decisions for the children, which includes relocation to another state, educational decisions, and timesharing.
Being named on the birth certificate does not establish legal paternity rights. Fathers who are considering leaving the relationship should discuss this with their significant other and talk about filing the paternity action and agreeing upon a timesharing schedule before leaving the residence to live elsewhere. Further, once paternity rights are established, fathers should commence payment of child support and their pro rata share of expenses, if it is appropriate under the child support calculation.
Mothers who are considering leaving the relationship should be willing to discuss timesharing with their significant other before moving out in order to maintain the relationship between father and children. Studies show that children who have fathers that participate in their lives and who assume child rearing responsibilities fare better than those who do not.
A break up of the family is devastating for all family members, but children are innocent victims because they have no control over the situation.
Many families in Florida are comprised of parents who were never married with children. If you fall into this category, rights and responsibilities under Florida law fall under a separate set of rules than those for divorcing individuals, and if you are considering a separation from your significant other, you need to consider what rights you need to assert and what responsibilities you need to assume. For example, fathers of children need to assert their parental rights by filing a petition to determine paternity in the circuit court. Under Florida law, in paternity matters, mothers have sole parental responsibility until such time as a father asserts his rights. This means that until a father establishes his paternal rights, the mother makes all decisions for the children, which includes relocation to another state, educational decisions, and timesharing.
