Generally, when a child is born to a married couple, both parents have the right to care and custody of the child. Pursuant to Florida law, however, when a child is born out of wedlock, the mother is deemed the child’s natural guardian and has the right to sole custody and care of the child absent a court order stating otherwise. Notably, as discussed in a recent Florida case, the purported father of a child born outside of a marriage does not have parental rights even if they file an acknowledgment of paternity that goes unchallenged. If you need assistance handling a paternity dispute, you should consult a Miami paternity attorney to assess your options for protecting your interests.
Facts of the Case
It is alleged that the parties lived together following the child’s birth in 2014. The father signed a voluntary acknowledgment of paternity at the child’s birth in accordance with Florida law; the mother did not contest the acknowledgment. However, there were no further orders regarding the father’s parental rights. In 2022, after the parents separated, the mother moved with the child to her parents’ home, which was located about 20 miles away, and enrolled the child in school there.
It is reported that the father filed an emergency motion to compel the mother to enroll the child in a school in the city where the parties previously resided. The court granted the motion, and the mother appealed. Continue reading ›