Do Fathers Have the Same Rights as Mothers in Florida Custody Cases?

If you are a father and are going through a child custody or paternity case, you may wonder if you have any rights during the proceedings. The concern is natural. Historically, the family law courts in Florida did favor women in custody hearings. Fortunately, that is no longer the case and today, fathers have all of the same rights as mothers during court proceedings regarding child custody. Fathers and mothers also have the same child support obligations. Below, our Tampa father’s rights attorney explains further.

Fathers and Mothers are Treated Equally in Custody Cases 

It was back in 2008 when Florida law was changed to strike the words ‘custody’ and ‘visitation’ from the statutes. This change came from the presumption that parents do not ‘visit’ their children. Instead, they should play an active role in their lives, their upbringing, and they should also have the same rights to make important decisions for the child.

Still, even with this new law, the courts typically favored mothers and would award a 60/40 time-sharing arrangement. This was particularly true for unwed fathers. There was still a presumption at that time that mothers were the primary caregivers of children and so, they should be awarded a greater portion of time-sharing.

In July of 2023, the law was changed once again to combat this bias. Under this most recent change in the law, there is now a presumption that it is in the child’s best interests to spend an equal amount of time with both parents. All custody decisions are made according to the best interests of the child and so now, this is the law that family law judges must follow. Unless there are extenuating circumstances, such as domestic violence or a substance abuse problem, both parents today are awarded an approximately equal amount of time with their child.

How an Attorney Can Enforce Your Rights 

Although the law in Florida recognizes that both parents have equal rights, it is still relatively new. Unfortunately, many family law judges still have a bias against fathers and continue to award mothers more time with their children. Fathers are often felt compelled to agree to unfair arrangements that make them feel like a visitor in their child’s life.

It does not have to be this way. An experienced time-sharing and parental responsibility attorney can explain your legal options, as well your rights, and make sure they are upheld. While it is important for anyone going through a divorce or paternity action to have legal assistance, it is even more critical for fathers to obtain this legal advice.

Our Fathers’ Rights Attorney in Tampa Can Help You Exercise Your Rights 

Exercising your legal rights is not always easy. At All Family Law Group, P.A., our Tampa fathers’ rights attorney will always make sure your rights are upheld so you obtain the best possible outcome. Call us now at 813-672-1900 or contact us online to schedule a free consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html