Legal Question in Family Law in Florida
custody w/out marriage.
In the state of FL, if you have never married someone and paternity has never been established legally but the child has the last name of the father what would be the rights that the father would have to the child. would he have to file for a paternity hearing first and have the mother served?
1 Answer from Attorneys
Re: custody w/out marriage.
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If paternity is an issue, then a suit would have to be filed. If not, then the father is entitled to all the rights of a father as in any other situation. You should not deny a father the rights to see his child any more than you would want the father or anyone else to refuse to let you see your child. If you treat the father unfairly, then it might be considered by the court in a future custody hearing in determining which parent is better suited to be the primary residential parent. The mother no longer possesses any greater rights than the father does.
Scott R. Jay, Esq.
Scott R. Jay, Esq.