A father married to the child's mother has all the same rights as the mother. If the father is not married to the mother, in theory he still has rights, but there is no way to really enforce the rights and the police may show up and take the child from you. How will the police know who the father is without a court order? Obviously, if the child is in immediate danger of being harmed then you should protect the child and report. So, consult with a family law attorney and get the fathers parenting rights on paper right away.
The information you obtain from me at this site is not, nor is it intended to be, legal advice. No attorney client relationship is created by me answering your questions. This is general information only and you should consult an attorney for advice regarding your individual situation. I am an independent licensed to practice law in Florida and Kentucky. My office is located in northern Kentucky.
It depends on if the child was born/conceived while the parents were married. If the father was not married to the mother, the mother is the default natural guardian of the child and therefore entitled to exclusive control and care of the child. If the parents were married, there is no law that says either is entitled to keep the child over the other if the parents separated. If the parents cannot agree on custody, they will need to establish it by court order by filing either a petition for paternity or dissolution of marriage, depending upon the circumstances.
An attorney-client relationship shall not be formed due to the response to the asked questions. The suggestions made are intended to inform and not advise and are based upon general statements of FL law and specific events or facts may alter the advice and/or applicable law. You should contact an experienced FL family law attorney for specific legal advice regarding your issue.
A father who is listed on the birth certificate has the same rights as the mother. If the father is seeking rights and is not listed on the birth certificate, he would have to petition for establishment of paternity and seek timesharing that way.
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