Legal Question in Family Law in Florida

Who has legal custody of children of parents that are not married?


Asked on 3/19/14, 6:04 am

3 Answers from Attorneys

John Smitten Carey and Leisure

Under the Paternity Statute, 744.301, the mother is the presumed natural guardian and has primary custody.

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Answered on 3/19/14, 6:39 am
Robert McCall Law Office of Robert McCall

Mom unless there is a court order stating otherwise.

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Answered on 3/19/14, 7:01 am
Gregory Buckley Gregory T. Buckley, Attorney at Law

When a child is born to parents who are not married, the mother is considered to have "sole custody" of the child. If the father wishes to exercise time-sharing with the child, he will have to legally establish paternity through the courts.

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Answered on 3/19/14, 8:56 am


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