If an unmarried couple have a baby together and paternity has been established by both the mother and father signing a notarized affidavit at the hospital, and the father is on the birth certificate, does the mother still maintain the primary residence for the child? I know Florida promotes equal time sharing, but when would that be implemented? Would I be required to give the father 50/50 from the day the child is born?
From the time that the Father obtains a court order awarding him shared parenting and time sharing. Until then, you call all the shots.
This response does not constitute, imply, or create an attorney-client relationship. The information provided is for educational purposes only and not as legal advice.
The father will have to go to court and attan an order for some type of custody or visitation, until then you can do whatever you want, including move.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
You would not be required to give the father 50/50 time sharing, but why not? Florida law encourages and presumes shared parental responsibility and equal time sharing. As such, although there is not court order requiring you to have somewhat equal time sharing with the father, when the court's do get involved they probably won't look kindly upon you restricting access to the child. Right now, you have all the rights but there will come a time when the courts get involved and the fact is you and the child's father are tied to each other forever, so it is both in your child's best interest and your own to have a constructive, cooperative relationship with the father.
This is not to be considered legal advice nor does an attorney-client relationship exist.
Please contact attorney CARMELINA Marin at 407-207-1902 to schedule a free consultation to discuss your legal rights. As the father on the birth certificate you are presumed to be the father, but until a court order is entered establishing your parental rights, the mother does not have to agree to you having time sharing with child. Generally, the courts promote equal time sharing between parents.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. Attorney Carmelina Marin, practices law primarily in family and criminal court, as well as bankruptcy. The Marin Law Firm, P.A., where family comes first, is located in Orlando, Florida. The Marin Law Firm, P.A., welcomes your calls at 407-207-1902. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established. Thank you and have a blessed day.
Rights are established by court order - not just signing an affidavit amongst the parents when unmarried. If you are in need of legal representation, please feel free to contact my Orlando office at 407-354-5223. I offer free consultations and will be happy to assist you.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-354-5223. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
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