The Unwed Father’s Fight to Protect His Rights

In Florida, the mere establishment of paternity does not create rights for the biological father. Fla. Stat. 742.10 provides that paternity can be established by the filing with the Clerk of Court of an affidavit of paternity signed by both parties, by submitting a notarized voluntary acknowledgment of paternity, by signing an acknowledgment of paternity in the presence of two attesting witnesses, by adjudication with the Department of Revenue, or by establishment through establishment by the judiciary. While unwed fathers have means available to establish paternity there is a secondary step necessary establish parental responsibility and timesharing. Establishing parental responsibility and timesharing opens the gate for the adjudicated father to have equal rights with the mother to make decisions regarding the child’s education, healthcare, and religious upbringing. Whereas establishing timesharing implements a schedule for which the father is entitled to spend time with the child. I have seen too many instances in which father’s believe that they have parental responsibility and timesharing rights simply because they pay child support. It is essential that the unwed father protects his rights and advocate for timesharing in a set schedule with his children.