Unmarried parents
and children’s issues
The great majority of unmarried parents are adults and are frequently in committed relationships even if they are not married. So, how does the marital status of these unmarried parents affect their legal rights and what impact do the laws have on their children?
Parental rights are established by Florida law. In most cases, unmarried parents have fewer rights than those who are married. Unmarried parents have the added challenge of working through the legal system in order to assert their limited rights.
In many cases, especially when the parents do not continue to live with one another and the father is not on the birth certificate, he may have no rights whatsoever until he has filed an action to determine paternity and proven by testing that he is the biological father. Even then, it is not assured that the father will be accorded full rights of contact, visitation and parental decision making. The process can be very expensive and taxing on all involved.
So, how can you best guarantee your rights? It starts with the paperwork you fill out as soon as your baby is born. It is important to make sure both parents are listed on the child’s birth certificate; this establishes you both as the legal parents and ensures your child will have benefits should something happen to you.
Of course, sometimes a couple is raising a child that is biologically related to only one of them. In this instance, the unrelated parent has no parental rights unless an adoption takes place. In order for an adoption to be completed, either both biological parents must agree (unless one is deceased) or the non-custodial parent has to be shown as unfit or guilty of abandonment. This process can be time consuming and expensive, but important in the event something happens to the biological parent or to secure benefits coverage. In the event of a separation, a non-biological parent generally has no claim to custody unless an adoption has taken place.
If you are an unmarried parent, it is critical to learn the Florida laws that affect your situation, since you cannot assume that you have the same rights as the married parents surrounding you. You also may need to take extra steps to ensure your child’s future since in the event of your demise, your partner may not automatically be considered the legal guardian if he or she is not named on the child’s birth certificate.
If you find yourself in such a position it is best to consult an attorney with substantial marital law experience. There are so many different circumstances that a proper answer to your particular problem can only be obtained by a trained and experienced lawyer.
If you have any question regarding divorce, child support, spousal support, etc. our firm may be able to help you.
