Legal Question in Family Law in Florida

Re: Custody

Hello: This is a quick response to your question.

Basically, there is no generic custody rule. The mother has primary residency of the child and the father has no legal rights. A paternity case would need to be filed. There would not be a challenge to actual paternity, but this is the title of the type of case.

The Court would order the parties to mediation to determine, on your own, the visitation pattern and the amount of child support. If the parties cannot settle the issues at mediation, the Court would have a trial and make the decisions. If the parties are already in agreement, an attorney could draw up an agreement (called a Consent Final Judgment of Paternity) and you could avoid the mediation charge or the trial.

If my office can be of any assistance, please give us a call. Tom Rosenblum

Re: Custody

In Florida, the birth certificate is largely irrelevant, and the mother has automatic custody. To get custody--or even visitation--the father must file a paternity lawsuit.