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Commonly Asked Questions about Family Law in Florida

Section 1014.04 - Parental rights (1) All parental rights are reserved to the parent of a minor child in this state without obstruction or interference from the state, any of its political subdivisions, any other governmental entity, or any other institution, including, but not limited to, all of the following rights
How to get Child Custody in Florida. The state of Florida no longer assigns primary or secondary custody; instead, time is usually split 50/50. If the parents cannot agree or the courts find that equal time sharing is not in the childs best interest, one parent may be granted custody for the majority of the time.
There is a common myth that the law favors mothers in child custody cases. But Florida law has no preference for either parent when it comes to custody and parental rights. Unmarried fathers in Florida have parental rights. Florida law disfavors terminating parental rights.
A new law went into effect on July 1, 2023. The law creates a revised procedure for unwed fathers to establish paternity, child support, and visitation. The result is that unwed fathers can now establish parental rights that were previously the exclusive domain of the mother.
Each parent has a legal duty to care for and to support their children. They also have certain rights, including: The right to make decisions regarding the childs schooling, residence, health, religion and discipline. The right to make decisions regarding legal matters affecting the child.
Florida family law encompasses a wide range of legal issues related to family relationships, including divorce, child custody, child support, alimony, adoption, and more.
If the mother already has established legal rights over the child, the father cannot withhold the child from her. Doing so can result in legal penalties, such as fines, jail time, or the transfer of full custody to the mother. In Florida, custody agreements fall within two categories: timesharing and decision-making.
Florida abandoned the traditional terms of custody in favor of parental responsibility and time-sharing. Floridas custody laws favor both parents remaining active in their childrens lives. Therefore, courts prefer to see parenting plans and time-sharing plans that provide equal access for the child with each parent.