Many people unfairly assume that mothers are granted most custodial rights in the event of a divorce but this is far from the truth. Fathers have many rights under Florida law when it comes to decision-making and custody of their children. Having legal help during this stressful process can be beneficial so that a father can overcome any bias in the court system and protect their rights to their children.
Robert Sparks Divorce Attorneys stand by fathers and families to make sure that the divorce and custody process goes smoothly for involved parties. We make sure that you have the support that you need during these challenging times. Contact our offices for the compassion and care that you need so that you can get started on your Florida divorce case.
Establishment of Paternity
In Florida, you are legally presumed to be the child’s father if you are married to the mother at the time of birth. This means that, if you go through a divorce, you will have rights to your child, which can simplify matters. However, if a father is not married to the mother when the child is born, then paternity must be established through an Acknowledgement of Paternity of through genetic testing.
If you are going through a divorce and wonder what rights you have, you should already know that you are presumed to be the father’s child and it may be easier to seek certain rights to that child in Florida.
Understanding Rights to Your Child in Florida
On July 1, 2023, a new modification was introduced to Florida Statute 61.13 to create equality between both parents when it comes to parental rights after a divorce. Under this bill, both parents are permitted to equal timesharing when it comes to their children, keeping the best interests of the children in mind. If a parent is seeking more than 50% timesharing of the children, they must prove that it is in their best interests to have that time.
You can increase your chances of having the most time possible with your child as a Florida father by showing the following aspects:
- You are able to encourage a positive relationship between the child and their mother while the child is with you
- Showing that you can honor timesharing between you and the other parent
- Be reasonable when any temporary changes are required in your timesharing plan
- Identify the needs of your child at all times
- Understand that the child belongs to you and the other parent
If you can show that you are acting in the best interests of your child at all times, timesharing should be equal between you and your ex-spouse.
Florida Parenting Plans
Having the court make all decisions regarding timesharing and how often you see your child is not always the best decision for you and your ex-spouse. Perhaps you have spoken and agreed to future plans following your divorce. You and your ex-spouse have the right to make up a parenting plan that contains a schedule you both have in mind.
If the parenting plan states that you, the father, get to see your child at a certain time, then the plan must be abided by. Making up a parenting plan can make the court process easier when it comes time to discuss custody matters in your divorce. It can be stressful to put custodial matters in the hands of the court, which means that you have to decide what plan works best for you.
Contact a Florida Divorce Lawyer
When you are in need of a divorce lawyer who will represent you in court proceedings and protect your rights as a father at all times, it is important that you have compassion and understanding on your side.
At Robert Sparks Attorneys, we will work diligently to secure your parental rights as you endure the emotional trials of divorce and custody. We will never back down when you are feeling intimidated, as we feel that time with your child is vital. Please contact a Tampa divorce lawyer that you can trust as soon as possible so that you can get started on your case and working toward results.
