Does a father have rights if he is not married to the mother of his children?

Dear Ms.  Grenier: Yes, your son has rights. He has to establish paternity through the court by filing a Petition to Determine Paternity.  He can loook up Florida Family Law forms and go to section 12.983(a), and the additional subparts to get guidance. As of the date of writing this reply, under Florida law he is not established as the legal father  until  the Court enters such an order.  It is best to try and do this before the mother leaves the state, since he has to have her served by the sheriff or a licensed process server with the petition.  However, if she does leave, he can still have her served in the state where she moves, and Florida will still be the state with jurisdiction to hear this matter.  If paternity is contested, the court will order a paternity test.  Once paternity is admitted or scientifically proven, the court will then determine a time sharing schedule, even if it is long distance, and will also set child support. There are some changes coming to the paternity laws as of July 1, 2023, but it is best that your son take action at this time.   Best of luck, Cindy Vova Family Law Offices of Cindy S. Vova, P.A.  Broward/Miami- Dade: 954-316-3496 Boca Raton: 561-962-2785  

 Dear Ms. Grenier: Thank you for your question.  In Florida paternity as well as a father's rights, are not established until there is an actual court order determining the male is the father of the child.  This applies even if he is on the birth certificate. Your son would have to file a lawsuit to establish paternity in the county where the children live, and try to have the mother served before she moves. She can still be served  in another state, but the sooner he acts the better. This will not prohibit her from moving, because it takes some time to get the order estaablishing paternity. However, it will allow your son to ask the Court to have the mother possibly return to Florida even if she already moves to another state.  Filing for paternity  will also allow your son to establish his legal rights, and to have the court put into place a timesharing schedule for the children to spend time with both parents. I hope this helps.   Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward & Miami-Dade:  954-316-3496 Palm Beach: 561-962-2785