What Rights Does an Unmarried Father Have in Florida?

This post is part of a series summarizing each episode of When Split Happens, Sasso Guerrero & Henderlite’s podcast. Access all episode topics here.

In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite tackles a common but often misunderstood issue: the legal status of unmarried fathers under Florida law. Many parents assume rights automatically exist based on parenthood alone, but the legal reality is more structured and requires specific steps.

Jay breaks down what unmarried fathers must do to secure enforceable parental rights and how early legal decisions can directly affect custody, time-sharing, and long-term authority.

He also discusses common misconceptions about paternity that frequently create problems for families in Jacksonville and Northeast Florida when action is delayed.

Related: Announcing When Split Happens, New Family Law Podcast Hosted by Jay Henderlite

Baseline rule: why unmarried fathers start differently

Under Florida law, the child’s mother has automatic parental rights at birth. An unmarried father’s legal status depends on whether paternity has been established. That distinction isn’t about bias—it’s about proof of parentage.

How paternity is established (three common paths)

• Voluntary acknowledgement: Both parents sign a paternity acknowledgement at the hospital or through the proper forms.
• Birth certificate: The father is listed on the birth certificate with the mother’s consent and the proper acknowledgement is recorded.
• Court order: A judge establishes paternity, frequently after DNA testing, when voluntary acknowledgement isn’t available or is disputed.

Is signing the birth certificate enough?

Often yes—if the correct voluntary acknowledgement is completed. But when there’s any doubt or dispute, a court order removes ambiguity and secures rights and obligations for both parents and the child.

What rights an unmarried father gains once paternity is established

Once paternity is legally established, an unmarried father stands on equal footing with the mother. Key rights include:

• Seeking time-sharing (custody) and a parenting plan.
• Requesting shared parental responsibility (involvement in major decisions such as education, healthcare, and religion).
• Enforcing time-sharing orders through the court if the other parent does not comply.

Custody terminology—what Florida courts call it

Florida law uses the terms “time-sharing” (who the child spends time with) and “parental responsibility” (decision-making authority) rather than “custody.” The standard is always the child’s best interests—courts do not favor mothers over fathers.

Can an unmarried father get 50/50 time-sharing?

Yes. If paternity is established and equal time-sharing serves the best interests of the child—considering stability, parental involvement, and willingness to foster the child’s relationship with the other parent—a court can and will order a 50/50 arrangement. There is no penalty under Florida law for being unmarried.

Child support: rights and responsibilities

Establishing paternity opens both rights and obligations. Child support is treated as the child’s right under Florida law. When paternity is established, a father can expect the court to address financial responsibility—support typically follows the state’s child support guidelines.

Enforcement: what if the mother won’t let me see my child?

Before paternity is established, courts have little power to enforce visitation or parental decision-making for the father. Once paternity is in place, the court can enter and enforce a parenting plan and time-sharing orders. That makes prompt action important.

Why timing matters

The longer a father waits to establish paternity, the harder it can be to change an existing routine where one parent has been making all the decisions. Courts value stability for the child; early steps to establish paternity protect a father’s role and make it easier to seek meaningful time-sharing and parental responsibility.

Practical next steps for unmarried fathers in Florida

1. If you’re at the hospital, complete the voluntary acknowledgement of paternity if both parents agree.
2. If there’s disagreement or uncertainty, consider filing a petition to establish paternity—DNA testing is a common tool courts use.
3. Once paternity is established, pursue a parenting plan that outlines time-sharing and parental responsibility, and address child support concurrently.
4. Consult a family law attorney familiar with local courts—timing and local practice can matter.

Summary

Unmarried fathers in Florida do have rights—but those rights are not automatic. Legal paternity is the gateway to time-sharing, shared parental responsibility, and enforceable visitation. Establishing paternity also brings child support obligations, because support is the child’s right. Acting early preserves your ability to participate meaningfully in your child’s life.

Frequently asked questions

Does an unmarried father have any rights before paternity is established?

No. Before paternity is legally established, a father has no enforceable rights over custody, time-sharing, or decision-making. Establish paternity to gain those enforceable rights.

How can I establish paternity in Florida?

Paternity can be established by a voluntary acknowledgement signed by both parents, by listing the father on the birth certificate with proper acknowledgement, or by a court order (often following DNA testing).

Is signing the birth certificate the same as acknowledging paternity?

Often it is, but only when the appropriate legal acknowledgement accompanies the listing. If there’s any dispute, a court order is the definitive way to establish paternity.

Will I automatically have to pay child support if I establish paternity?

Yes. Establishing paternity creates both rights and responsibilities. Child support is considered the child’s right under Florida law, so financial responsibility typically follows paternity.

Can the court award 50/50 time-sharing to an unmarried father?

Yes. If equal time-sharing is in the child’s best interests and both parents can provide a stable environment, courts can order a 50/50 arrangement. Marital status is not a factor against fathers.

What should I do if the mother refuses to let me see our child?

If paternity is not established, options are limited. Once paternity is established, you can ask the court for a parenting plan and enforcement of time-sharing. Acting promptly to establish paternity is crucial.

How long does it take to establish paternity through the courts?

Timing varies by county and case complexity. Voluntary acknowledgements are immediate; contested cases requiring DNA testing and court hearings can take longer. A local family law attorney can advise on expected timelines for your jurisdiction.

Need help?

If you’re an unmarried father in Jacksonville or elsewhere in Florida with questions about paternity, time-sharing, or child support, speak with a family law attorney who knows how local courts handle these cases. Early action protects your rights and your relationship with your child.