Legal Question in Family Law in Florida

Father's rights

What Florida Statue indicates that an unmarried father does not have the right to visit, or communicate with his child if the mother does not want him to? Son (15) had been living with father four days out of the week for the past 8 years (after first long visitation restriction imposed by mother), March 1st it became 7 days a week because mother moved to another city. Mother wrote letter stating son will continue to attend school in father's home town and signed her name and father's name. Father continued to pay child support while son lived with him. Two months later mother took father's house key from son went into father's house removed son's belongings, (BTW police said this was not trespassing and they could not do anything about her coming in to the home) mother pulled son out of school with 5 weeks left, took away cell phone and father has not heard anything since. Father has been told several times he has NO parental rights the mother does not have to allow him to be a part of his son's life and he must continue to pay child support as well as answer her demands for more money when she calls.


Asked on 5/02/08, 11:53 am

3 Answers from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Father's rights

No Florida statutes says an ummaried father has no right to custody or visitation. However, Florida case law says that an unmarried father has no father's rights until a court orders it. If your child support is not court ordered (which means your father's rights are established), you need to file a lawsuit for paternity and custody.

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Answered on 5/03/08, 11:41 pm
Brent Rose The Orsini & Rose Law Firm

Re: Father's rights

No Florida statutes says an ummarried father has no right to custody or visitation. However, Florida case law says that an unmarried father has no father's rights until a court orders it. If your child support is not court ordered (which means your father's rights are established), you need to file a lawsuit for paternity and custody.

Read more
Answered on 5/03/08, 11:42 pm
Brent Rose The Orsini & Rose Law Firm

Re: Father's rights

No Florida statute says an ummarried father has no right to custody or visitation. However, Florida case law says that an unmarried father has no father's rights until a court orders it. If your child support is not court ordered (which means your father's rights are established), you need to file a lawsuit for paternity and custody.

Read more
Answered on 5/03/08, 11:42 pm


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