When parents are not married, Florida law does not automatically grant both of them rights to timesharing. Under Florida law, the mother is the child’s natural guardian at birth and has sole custody rights. Therefore, the father must take legal action to establish his rights.
For unmarried parents, creating an official timesharing schedule (formerly known as custody) first requires establishing paternity before a court will create a parenting plan.
First step: Establishing legal paternity
A court must confirm the father’s legal relationship to the child before it can rule on parenting time. Parents can establish paternity voluntarily by signing a legal document, often at the hospital when the child is born. If there is a dispute, one parent may need to petition the court to order a DNA test. Once a court establishes paternity, the father gains the same legal rights and responsibilities as the mother.
Creating a formal parenting plan
With paternity confirmed, the parents can create a parenting plan. This detailed document outlines all aspects of co-parenting. Florida law requires the plan to describe how parents will share responsibility for daily tasks and major decisions, such as healthcare and education.
The plan must also include a detailed timesharing schedule that specifies when the child will be with each parent for:
- Regular time
- Holidays
- Vacations
This makes the child’s schedule clear for both parents.
How Florida courts decide on timesharing
If parents cannot agree on a parenting plan, a judge will decide for them. Judicial rulings are grounded in the “best interests of the child,” a standard evaluated by assessing the specific statutory criteria established under state law.
A change in Florida law, effective July 1, 2023, creates a rebuttable presumption that equal timesharing is in the child’s best interest. A judge considers many factors, such as each parent’s ability to provide a stable home and their willingness to support the child’s relationship with the other parent.
Securing your child’s routine and your rights
The legal process to establish paternity and create a timesharing schedule provides stability for your child and protects your parental rights. A formal, court-ordered parenting plan is enforceable and clear for both parents. Unmarried parents in the Pensacola area should be aware of these requirements. An experienced attorney can guide you through the legal steps to establish a final plan that serves the child’s needs.
