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Are Florida Courts Biased Against Fathers When Awarding Custody? Many fathers assume that Florida courts automatically favor the mother when awarding child custody. However, Florida courts cannot make custody decisions based on gender.
It was assumed the mother was better to fill the role as the primary caregiver during a childs early years, that is, unless she was shown to be unfit. Under that doctrine, the Florida Bar reports that mothers received primary custody in about 90 percent of cases.
In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.
Myth #2- Florida courts favor mothers. Florida courts do not prefer the mother over the father or vice versa. Instead, these judges decide cases based on parents ability to support the childs best interests.
In a Florida divorce or child custody case, the judge will consider the childrens best interests when deciding how time-sharing will be allocated amongst the parents. See Florida Statute 61.13. Florida custody law does not give any preference to mothers or fathers when deciding child custody matters.
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In Florida an unmarried father has no legal rights to custody or timesharing until paternity is established. Until paternity is legally established with the courts, the mother has sole, legal and physical custody of the child or children.
Custody laws for unmarried couples in Florida state that the mother is the natural guardian. She has legal custody the second the child is born. A father can request visitation, but it will be completely up to the mother to decide if she wants the child to see the father.
Florida Custody Laws For Unmarried Parents All mothers instantly get parental rights to their children at birth. Fathers are granted custody and visitation rights depending on a DNA paternity test. Florida custody laws for unmarried parents state both parents share equal custody rights.
Under Florida law, the mother is designated the natural custodian of the minor child. This means that the mother has sole legal rights over the minor child until paternity has been determined by a court of law or by consent of the parties.
The Standard Parenting Time Plan suggests the following options for the non-custodial parent: The second and fourth weekend of each month. The non-custodial parent has the kids every other weekend for the full weekend. The visitation begins from 6 pm on Friday until 6 pm on Sunday.

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