New Pathway to Paternity for Unmarried Florida Fathers

 Posted on July 25, 2024 in Family Law

A new Florida law took effect on July 1, 2023, that revised the laws governing the establishment of paternity. The goal of the new law is to give unwed fathers the same rights as fathers who are married to their child’s mother. Parental rights that were once the sole purview of an unwed mother now extend to unwed fathers as well. The previous law left unwed fathers with no clearly defined parental rights. Once paternity is established under HB 775, full parental rights are granted to the father – the same rights as the child’s mother.

Unwed fathers who may have felt as though they had no real place in their child’s life or future could benefit from speaking to a knowledgeable Miami, FL paternity lawyer. Speaking to an attorney ensures these new laws will be applied to unwed fathers with newborns as well as fathers of older children. The details can be sorted out and clearly set forth so all those involved are aware of how these new laws affect them.

How HB 775 Helps Unwed Fathers

HB 775, the Shared Parental Responsibility After Establishment of Paternity Act, differs from previous rule,s which entitled the mother of a child born out of wedlock to primary (both physical and legal) custody of the child unless a court order stated otherwise. Under the old law, paternity had to be established by the unwed father before he could then petition the court to ask for shared parental responsibilities and timesharing. This was true even when both the mother and the father acknowledged paternity. No sharing of parental responsibility was put into place until a court order was issued.

Now, once an action is taken to establish paternity, the court will simultaneously establish a timesharing schedule, determine child support, create a parenting plan, and set forth parental responsibilities. Unwed mothers and unwed fathers are both the natural guardians of a child born out of wedlock, sharing equal rights and responsibilities for the child. Previously, by the time an unwed father had established paternity and then petitioned the court for parental rights, the mother had already created a stable living environment for the child that the court might be hesitant to disrupt.  

What If an Unwed Father Has No Interest in These Rights and Responsibilities?

Regardless of whether an unwed father wants to prove he is the biological father of a child, there are benefits for the child that the mother may seek to establish through paternity testing. The new law could immediately give the child greater access to benefits like health insurance or other government benefits once paternity is established.

The courts will order child support once paternity is established, and the child could one day receive an inheritance from his or her father. Even a father who is not now interested in timesharing or custody could later change his mind and want to spend more time with his child. The courts operate under the assumption that the more time a child spends with both parents, the better for the child, and the new law makes that much easier for fathers.

Contact a Miami, FL Paternity Lawyer for a Free Consultation

It is virtually always a good idea to involve a Miami, FL paternity lawyer in the process to avoid any needless delays and to receive comprehensive answers to questions from either parent. In some situations, the biological father and the legal father may not be the same person, which adds another layer of complexity to the situation.

If you have any questions regarding paternity that need to be addressed, speak to Miami Family Law Group, PLLC. For dedicated legal help, call 305-520-7874 to schedule a free consultation.