Unmarried Parents’ Rights in Florida: Custody, Support, and Everything In-Between

Let’s be honest—parenting is hard enough without a wedding ring in the picture. Whether you’re happily co-parenting, in the middle of a separation, or just figuring things out, it’s important to understand your rights as an unmarried parent in Florida. Let’s break it down.

So… What’s the Legal Status If You’re Not Married?

Here’s the thing: Florida law doesn’t assume both parents have equal rights just because you’re on the birth certificate. If you’re an unmarried mother, congratulations—under Florida law, you have automatic sole custody of the child at birth (Florida Statute § 744.301).

If you’re the biological father and you’re not married to the mother? You have zero legal rights to the child until paternity is legally established—even if your name is on the birth certificate.

But don’t panic—once you establish paternity, you’re in the game. In fact, as of Florida’s 2023 legal update, once paternity is legally confirmed, both parents are presumed to have equal rights and responsibilities. You can now seek custody (aka time-sharing), make decisions, and be a part of your child’s life in a real and legally recognized way.

How Do You Establish Paternity in Florida?

There are three main ways to establish paternity in the Sunshine State:

Voluntary Acknowledgment

You and the other parent sign a form—usually at the hospital—agreeing that you’re the biological father. 

File a Court Petition

If things are a little more complicated, a DNA test is needed: either parent can file a paternity action in court. The judge can legally establish who the father is and issue orders on child support and custody.

Putative Father Registry

Not just for soap operas! If you think you might be the father and want to be notified of any potential adoption, you can file with the Florida Putative Father Registry (Fla. Stat. § 63.054). Just note: This protects notification rights, not custody or time-sharing.

Custody (aka Time-Sharing): Who Gets the Kid When?

Florida doesn’t use the term “custody” anymore—we call it time-sharing, and it’s all about what’s in the best interests of the child.

Once paternity is confirmed, both parents are equal in the eyes of the court. That means:

Courts prefer shared parenting, where both parents are involved in the child’s life.

You’ll need a Parenting Plan (an actual document) detailing time-sharing schedules, school decisions, healthcare, and more.

Florida courts don’t favor moms over dads, married parents over unmarried ones—it’s all about what’s best for the child.

Child Support: Yes, You’re Both Responsible

Unmarried or not, both parents are financially responsible for the child. After paternity is established, the court will calculate child support using Florida’s standard formula based on income, healthcare costs, daycare, and time-sharing schedules.

No court order = no legal obligation. But once paternity and support are established, the law treats both parents equally—so be prepared to pay your share.

Can You Do All This Without Court Drama?

Totally. If both parents agree on paternity, support, and time-sharing, you can file a petition and submit an agreed Parenting Plan. Judges love it when you work things out without drama. That said, always have a legal professional review your agreement to make sure it’s solid and enforceable.

Pro Tip: Don’t Delay

If you’re a dad and haven’t established paternity, do it now. Waiting can complicate future rights, especially if the mother wants to move, place the child up for adoption, or limit your time-sharing.

The Bottom Line

Unmarried doesn’t mean powerless—but it does mean there’s paperwork involved. Whether you’re a mom protecting your child’s well-being or a dad fighting to be recognized, Florida law has clear paths to establish custody, support, and shared parenting.

Need help making sense of it all? That’s where we come in.

At DeWitt Law Firm, we help unmarried parents protect their rights, create solid Parenting Plans, and do what’s best for the kids—minus the chaos. Co-parenting might be complicated, but getting legal guidance doesn’t have to be.

Ready to protect your rights as an unmarried parent in Florida? 

📞 Call the DeWitt Law Firm today to discuss your case with an experienced Florida family law attorney!