LEGAL GUIDE
Written by attorney Peggy Y. Cruz-Townsend

Who is the custodial parent when there is no court order and the parents are not married?

In Florida, where there is no court order, and the parties are not married, the mother is considered the custodial parent until the father goes into court and files a paternity petition to establish that he is in fact the legal father. The court will typically also determine child support at that time, and can also determine time-sharing and how major decisions concerning the child will be made.

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