Florida Custody Laws For People Who Are Not Married To One Another

Custody Laws In Florida Explained

The abstract legal concept known as "child custody" under Florida law, often described in other states as "visitation" or "parenting time," was the result of several decades of reform efforts designed to eliminate the parental bias that had long characterized child custody decisions. In the context of marriage and divorce, "custody" is a generic term used to describe the rights and responsibilities associated with two separate issues that must be decided when parents no longer live together:
In legal parlance, "time-sharing" describes the allocation of time a parent spends with his or her child, even if the child’s parents are married and living with the child. By contrast, "parental responsibility," as defined by the Florida Child Custody Law, includes the duties of parents to provide for the child’s health, safety, education and physical care. Florida law generally recognizes that a parent who has sole parental responsibility for a child has the authority to make decisions regarding the child’s upbringing without the consent of the other parent.
Laws affecting child custody and therefore child custody rights in Florida changed significantly in 2008 with the passage of the Florida Child Custody Law, Sp. Sct. Rule 08-24, 985 So. 2d 561 (Fla. 2008). The law amended Florida Statutes §61.13 to create what amounts to an equal parenting bill, whereby courts will now presume that shared parental responsibility is in a child’s best interests. Under the statute , judicial determinations regarding timesharing, i.e., when the child will be with each parent, and parental responsibility still must be made "in the best interest of the child," but the presumption in favor of equal parenting time represents a significant departure from past practices in which courts would typically grant "primary" custody to one parent and award the other parent only visitation on weekends.
Until recently, if a couple with a child together was not married and they broke up, that did not mean that either parent had any parental rights. Florida law did not protect a father who had a right to his child, and custodial rights were typically only given to the mother, regardless of the circumstances that led to the break up. However, times are different now and the laws regarding unmarried parents in Florida have become more fair and balanced.
Since paternity proceedings were established to acknowledge the rights of unwed fathers, Florida law has made it mandatory for unmarried parents to file paternity action in court to establish their rights as parents. Pursuant to the paternity statute, the effects of such actions give unmarried parents several rights concerning their child, including the following:
Although when it comes to time-sharing, it does not appear to matter whether a couple is married or not, these definitions are important to parents unwed to understand their rights under Florida law.

How Custody Of Children Is Decided When They Are Not Married

Florida courts are guided by the statutory requirement to determine custody based on the "best interests of the child." This means that courts consider the following factors when determining custody for unmarried parents:

The capacity of the parent to provide the basic needs of the child for physical and mental health, nutrition, education, medical care history and other remedial needs;
The capacity and disposition of the parent to provide for the emotional support, moral guidance, and the example of a loving and caring parent;
The home environment of each parent considering the promotion of nurture and safety of the child and the friendships of the child;
The ability of each parent to be involved in the child’s life to provide consistent care and communication with the child, including allowing the child to be involved with extended family members;
The capacity of the parent to co-parent the child with the encouragement of a frequent and continuing relationship between each parent and the child;
The mental and physical health of each parent;
The moral fitness and state of each parent:

a. If there is evidence of substance abuse, it will be considered if it is ongoing or if there was a recent history of substance abuse,
b. If there are allegations of domestic violence, the court may limit contact with each other and their children if there is evidence that the parent has committed domestic violence and/or there is a threat of domestic violence against the parent and/or their child;

The demonstrated capacity of the parent to provide for the developing needs of the child;
The capacity of the parents to meet the current and likely future need of the child. This also includes the ability to provide the child with an education that best serves the child or the capacity to pay child support, and should take into consideration any special needs of the child; and
The developmental abilities and the age of the child (i.e. how close the child is to their 18th birthday).

Courts also consider whether or not each parent is employed full or part time.

Responsibility And Rights Of People Who Are Not Legally Married

When it comes to custody laws and the rights of unmarried parents in Florida, the legal guidelines are generally the same as if the parents were married and going through a divorce. Florida law determines two types of custody (or parental responsibility) – shared parental responsibility and sole parental responsibility. Parenting plans detail shared parental responsibilities and are generally considered permanent. Shared parental responsibility is generally the outcome Florida courts prefer in cases involving divorce and children. Parents have joint legal custody and are entitled to make decisions about their children together. Certain issues involving day-to-day decisions can be delegated to one parent, but both parents must still agree on larger issues involving education, healthcare, and general welfare. Joint legal custody grants both parents equal rights in regards to housing, school choice, and medical care. Sole parental responsibility gives exclusive decision-making power to one parent. Sole parental responsibility typically results when a parent poses a significant threat to the children. Even though one parent does not have shared parental responsibility in this type of arrangement, they usually maintain a right to visitation with the children unless otherwise determined. This often happens when one parent is abusive or poses a threat of kidnapping. A parenting plan is created when minor children are involved. A parenting plan includes all issues pertaining to the children including parenting time, holiday time, time-sharing schedules, and payment of child support. It is important to note that parenting plans are not the same as custody agreements, which are no longer recognized in Florida.

Paternity & Custody Of Unmarried Individuals

Understanding Florida Custody Laws for Unmarried Parents
Under Florida Law, a child born to a married couple is presumed to be the legitimate child of both spouses. However, when a child is born to an unmarried couple, the child has no legal father until paternity is established. When an unmarried couple has a child together, establishing paternity through the Florida courts allows both parents to have the same rights as married parents with joint legal and physical custody. To establish paternity in Florida, one or both parents may file a petition to establish paternity. According to Florida Statute §742.10(1) "[a]n action may be brought in the court having jurisdiction of a dissolution of marriage, to establish paternity, by any person alleging paternity of a minor child, by the mother of the minor child, or by the department of revenue…to determine paternity…[a]nd to determine custody or visitation." In other words, either party may initiate a paternity action. When an action is commenced by a father, this is sometimes called a paternity action. Sometimes, such an action will also be to establish the rights for timesharing and child support. Key takeaways from a paternity action are that once the court establishes paternity, the father has the same rights and responsibilities as a married father. Establishing paternity is like getting a divorce for the unmarried couple, and it involves the same protections and procedures as a divorce proceeding. Establishing paternity can also impact a child’s financial security. According to the State Florida Department of Revenue (2013), "A very important benefit of establishing paternity is that it allows us to establish and enforce a child support order without starting a paternity case in court." This means that enforcement of child support payments and benefits for the child can occur without bringing a separate case seeking paternity.

Parenting Plan – Custody Of Unmarried Individuals

Similar to children of married parents, children of unmarried parents benefit from a formal parenting plan. Parenting plans use residential and time sharing schedules to direct a child’s placement and caretaking. The courts retain authority to decide whether to allow parents to create a parenting plan or to design one for the parents if they are unable to agree. Parents that use a parenting plan maintain the highest probabilities for positive child outcomes.
A parenting plan must, at minimum, award parental responsibility to one or both parents. Legal parental responsibility includes the duty to make decisions regarding the child’s:
While the concept of "residential responsibility" seems clear, it can be subjective. For example, where will the child sleep at certain times during each week? How will parents rotate weekends for sleeping at a specific parent’s house? Regardless of any disagreements on these points, a parenting plan should clearly address the specific weekly schedule .
Parenting plans must also include a time-sharing schedule. Time-sharing schedules are similar to residential responsibility schedule, but focus on an annual basis. If the residential schedule directs the child to a parent’s home during Friday night dinners, then the time-sharing schedule will address how many Friday night dinners the child spends with each parent. Florida law does not require equal time-sharing, but does strongly assume that some point of sharing more time with one parent is preferable. The law further encourages children to share time with both parents.
Unmarried parents that are able to cooperate and create a parent plan can have a positive impact on their child’s development. A child who knows what to expect in terms of a residential schedule and time with each parent is less likely to be anxious or distressed.

Changes To Custody Arrangements For People Who Are Not Legally Married

To modify a parenting plan for unmarried parents in Florida, either parent must demonstrate a substantial, permanent, and unanticipated change in circumstances that affects the well-being of the child. These changes may include relocation, health issues, changes in income, or other essential factors affecting the child’s best interests.
The legal process to seek a modification of the parenting plan involves filing a motion with the Florida courts where the child resides. The motion must outline the reasons for the requested modification, and it must be in the best interests of the child. After the motion is filed, a hearing is held, and both parents present evidence supporting or opposing the proposed changes.
Evidence to support a modification may include testimony from witnesses, reports from professionals such as psychologists or counselors, recent income statements, and pertinent medical records. The court evaluates this evidence to determine whether the proposed modifications are in the child’s best interests.
Each case is unique, and the court will consider the individual circumstances when determining whether a modification is warranted. It is advisable to consult an experienced family law attorney who can guide you through the process and advocate for the best interests of the child.

Legal Help And Resources For People Who Are Not Legally Married

Several legal resources are available in Florida to help unmarried parents navigate these complex issues. The first source is awash of information they can use for free on the web. The Florida Bar Association maintains an active website that provides substantial information to parents on custody, the dissolution of marriage and divorce and how these issues are addressed in Florida courts. Many other websites also provide useful information.
Legal aid organizations serve low-income households and people with disabilities who cannot afford the cost of legal representation. The service can provide free or low-cost assistance in many types of cases. Some of the aid organizations that serve the Orlando area are the Office of Criminal Conflict & Civil Regional Counsel , the Legal Aid Society of the Orange County Bar Association and the Community Legal Services of Mid-Florida. These and other community legal aid organizations may help low-income people obtain affordable representation or help them understand their options.
There are many family law lawyers in Florida that businesses and individuals can hire for specific legal needs. Also, there are lawyer referral services in Florida and the Orlando area. These independent groups help people find qualified attorneys. Among the local groups are the Lawyer Referral Service and Prepaid Legal Services and its Education Law Center.