October 3, 2022

Facts about Your Rights as an Unwed Parent in Florida

In Florida, unwed mothers and fathers have certain rights when it comes to their children. If you are an unwed parent in Florida, it is important to know what your rights are so that you can make informed decisions about your child’s future.

Why Does the Mother Get Sole Custody?

Under Florida law, the mother of a child is automatically given sole legal and physical custody of the child if the child is born out of wedlock. The father has no legal rights to the child unless he establishes paternity.

Some people believe that unmarried parents’ custody laws are unjust because the mother automatically receives sole custody after the child is born. In these situations, the father has no legal right to visit the kid, which many fathers find unfair. However, the same legislation prohibits unmarried women from requesting child support from fathers without a paternity test. As a result, if a father wants visitation rights, joint custody, or any influence over the child’s upbringing, he must take a paternity test to address the problem and move on with custody arrangements.

Unwed Parent Rights in Florida

Here are some facts that you need to know about your rights as an unwed parent in Florida:

1. You Have the Right to Establish Paternity for Your Child

If you are an unwed father, you have the right to establish paternity for your child. This can be done through a voluntary acknowledgment of paternity or through a court order. Once paternity is established, you will have the legal right to seek child support, visitation, and custody of your child.

2. You Have the Responsibility to Support Your Child

As an unwed parent in Florida, you have the legal responsibility to support your child financially. This includes providing for your child’s basic needs, such as food, shelter, clothing, and healthcare. If you are unable to support your child, you may be required to pay child support to the other parent or the state.

3. You Have the Right to Visitation with Your Child

If you are an unwed parent in Florida, you have the legal right to visitation with your child. This means that you can spend time with your child regularly and have a relationship with them. However, you do not have the right to custody of your child unless you establish paternity or obtain a court order.

4. You Have the Right to Object to the Adoption of Your Child

If you are an unwed father, you have the right to object to the adoption of your child. You can object to the adoption in writing or in court. You can also object to the adoption if you can prove that you are the child’s father and that you have been paying child support.

5. You Have the Right to Receive Child Support from the Other Parent

If you are an unwed mother, you have the right to receive child support from the other parent. You can get child support from the other parent by going to court or by asking the other parent to sign a voluntary child support agreement.


It is important to know your rights as an unwed parent in Florida. If you are not married to the child’s other parent, you may not have the same legal rights as a married parent would have. However, you can take steps to protect your rights and ensure that you are able to play an active role in your child’s life.

If you want to ensure you’re not missing out on your rights as an unwed parent, seek help from our top Jacksonville attorneys at Dorsey Law JAX’s pool of reliable lawyers. Call us now at (904) 394-2865.


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