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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.
(a) If the mother is married at the time of birth, the name of the husband shall be entered on the birth certificate as the father of the child, unless paternity has been determined otherwise by a court of competent jurisdiction.
Because the fathers paternity has not been legally established, he has no legal claim to the child. However, if the parents take the step of establishing legal parentage via a Declaration of Paternity, the unmarried fathers rights in California would be the same as those of a married father.
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. Unmarried child custody includes the parents right to decide things about the childs life like education, religion, and medical care.
The unwed father must prove paternity before claiming custody of his child. If the paternity cannot be proven, he will have no right to say anything over his childs life. Furthermore, this also includes paying child support. If an unwed father cannot prove paternity, he will not have to pay any child support.
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A guardian is someone to whom the law has entrusted the custody and control of another person. The unwed mother has legal custody of the child automatically. Naming the father on a birth certificate does not grant them any rights in the State of Florida.
In addition, a parent who cannot be located for 60 or more days can have his or her parental rights terminated by the court.
If an unwed father is not listed on the birth certificate, he has no legal rights to the child. This includes no obligation to paying child support and no rights to visitation to custody or child support. If no father is listed on the birth certificate, the mother has sole legal rights and responsibility of the child.

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