Fathers’ Rights Attorney in Tampa

Establishing Paternity in Florida

For unmarried fathers, establishing paternity is the necessary first step before pursuing a timesharing schedule, a parenting plan, or a child support order. Florida law recognizes five ways to establish paternity: marriage between the parents at the time of birth, a signed acknowledgment of paternity, an administrative order based on genetic testing, a court order, and legitimation through the parents marrying after the child’s birth.

Without legal recognition as a parent, a father can’t obtain a visitation order, a custody arrangement, or the right to participate in decisions about the child’s life. DNA testing is the most common method in contested cases and typically involves a cheek swab to collect a cell sample.

Florida Custody Law: Timesharing & Parenting Plans

Florida law addresses two components of parenting arrangements: parental responsibility and timesharing. Parental responsibility governs decision-making authority over the child’s education, health care, and upbringing. Timesharing refers to the schedule that determines where the child lives and spends time with each parent. Either can be awarded solely to one parent or shared jointly.

Since October 2018, Florida has required parents in custody cases to create a parenting plan covering the timesharing schedule, decision-making processes, and child-rearing responsibilities. The court approves the plan. If parents can’t agree, the judge decides based on the child’s best interests.

When deciding timesharing, Florida courts consider factors including each parent’s physical and mental health, the child’s relationship with each parent, each parent’s ability to provide a stable home, and any history of domestic violence or abuse.

How Florida Calculates Child Support

Child support in Florida is governed by Section 61.30 of the Florida Statutes, which uses both parents’ incomes and other statutory factors to arrive at an amount. Courts prioritize the child’s best interests throughout the calculation.

An existing child support order can be modified only when there is a substantial, permanent, and involuntary change in circumstances, such as a significant shift in either parent’s income or a change in the child’s needs. Modifications don’t apply retroactively to payments made before the petition was filed.

Modifying & Enforcing Custody Orders in Hillsborough County

Custody orders aren’t permanent. A parent can petition to modify a parenting plan when there has been a substantial and material change in circumstances and the proposed change serves the child’s best interests. Common grounds include a significant change in a parent’s work schedule, a move, or a change in the child’s needs.

Relocation Rules for Florida Parents

Relocation raises its own rules. A parent seeking to move at least 50 miles away for at least 60 consecutive days must have the other parent’s written consent or court approval before relocating. Acting without approval can affect the custody arrangement.

Enforcement and Where Cases Are Heard

When a parent violates an existing custody order, the other parent can file an enforcement motion. Consequences for noncompliance include contempt of court findings, fines, or a modification of the custody arrangement itself.

Hillsborough County family law matters, including paternity and custody cases, are heard at the George E. Edgecomb Courthouse in downtown Tampa. Mediation is commonly required before a contested matter proceeds to trial, and our attorneys are prepared to represent fathers at every stage of that process.