Often fathers come to our office believing that by being listed on the child’s birth-certificate they have the same rights to their children as the mother. This isn’t necessarily true. While a husband is presumed to be the legal father when a child is born into wedlock, Florida law clearly states that “….The mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.” See FL statute 744.301(1).
It is imperative that you file an action with the court to preserve your rights. Also, if you are a mother seeking child support, the court must first establish paternity. Make an appointment so we can evaluate your case and put you on the right path.