Can an unwed father establish parental rights in Florida if there is no paternity and they have been absent since the child was born? ( ei: 5 yrs )

 Dear Anonymous:       Any individual purporting to be the parent of a child may file an action in court to establish paternity.  However, establishing paternity alone does not also establish a parenting plan and time sharing (visitation) with the child.  Since this individual has not been in the child's life since birth, a court typically will not let him just come in and begin a timesharing schedule without determining what will be in the best interest of the child.      Certainly, testimony about his behavior (if it is relevant) and emails he sent to you (again if relevant) likely can be used in court.  (there are specific evidentiary rules to getting document admitted to a court, which is too involved to properly discuss in this forum)      If he does pursue such an action, you can, and should, pursue establishing child support.  Children are expensive to raise, and he has an obligation to contribute.  Under Florida law you can get retroactive support for up to 24 months prior to the filing of an action to establish paternity and child support.   Hopefully this information helps.  Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Palm Beach/Miami-Dade 954-316-3496/561-962-2785