Father’s Rights & Family Law in Orlando, Florida
If you are in the process of getting divorced or if you are unmarried and are a father, it is important to understand your rights. Father’s rights generally refers to the rights of the father to enjoy parenting time with his children, and the right of a father to make legal decisions on behalf of his children. If you are unmarried, and have established paternity, father’s rights refers to your ability as a father to make decisions for your children, and your right as a father to enjoy visitation time with your child. Generally, the courts will favor parenting plans and time-sharing arrangements that encourage a child’s relationship with both parents. The Aikin Family Law Group is a father’s rights family lawyer in Orlando, Florida who may be able to help you if you are a father who has questions about child custody or your rights. Whether you need to take your custody case to court or are looking to find a collaborative law solution, The Aikin Family Law Group may be able to help you.
Establishing Paternity in Florida
If you are not married to your child’s mother, it is important that you establish paternity in order to be granted father’s rights. How is paternity established? In order to establish paternity, you’ll need to do more than just sign your child’s birth certificate. You’ll also need to file a Petition to Establish Paternity. Generally when both parents agree about paternity, it can be established without the help of a lawyer.
There are several ways that paternity can either be acknowledged or established in Florida. In Florida, paternity is automatically established if you are married to the child’s mother, unless the paternity is disputed. If the father of the child is not the man married to the mother, paternity may need to be established through the courts and the courts may require that the father submit to a genetic test. If you are not married and both the father and the child’s mother agree about who the child’s father is, both parents can sign an acknowledgement of paternity form, which can then make it possible for the father to be listed on the child’s birth certificate and for the father to receive father’s rights.
However, sometimes both or one parent may disagree about who the father of the child is. In this case, a court order may need to be entered, or the mother can require the father to submit to genetic testing. Once paternity has been legally established, the father can legally request time-sharing rights and the mother can request child support. If you have yet to establish paternity, or need help with a court case to establish paternity, The Aikin Family Law Group are Orlando, Florida family lawyers who may be able to assist you with this process.
Father’s Custody
If you are a father and are seeking primary custody or sole custody of your child, it is important to understand that under the law, you have the right to have fair consideration and equal treatment. In the past, mothers were generally given preference when it came to child custody. However, as more parents share parental responsibility equally and as more parents split parenting duties in their own ways, fathers are seeking sole custody or primary custody of their children. If the father was the child’s primary caregiver, then the father may be able to successfully petition for sole parental responsibility or majority time-sharing.
It is important to note that the courts will favor situations where both parents can enjoy a relationship with the child. This means that parents will need to develop a parenting plan that includes time-sharing with the child for both parents. If you are a father seeking time-sharing with your children, or have questions about what custody arrangements might be best for your family, consider reaching out to The Aikin Family Law Group. Our family attorneys can help you with your father’s custody case, and help you understand your rights.
Collaborative Divorce and Father’s Rights in Orlando, Florida
With a Collaborative Divorce, both parents can arrange a parenting plan that is in the best interests of their children. Collaborative Divorce is a process by which both parents work together, outside of court, to seek resolutions that work for the whole family and for the children. The Aikin Family Law Group are Collaborative Divorce attorneys in Orlando, Florida who can help you understand father’s rights and work during your divorce to find reasonable solutions that are in your children’s best interests.
Born and raised in Connecticut, I am a “double Gator,” having received both my undergraduate and my law degree from the University of Florida. In my practice, I have worked as a Guardian ad Litem with hundreds of children in both dependency and custody cases, frequently appointed by judges. I have been honored to receive many awards and recognition's for my work as a children’s advocate. I received the Florida Bar President’s Pro Bono Service Award for 2017 for my Guardian ad Litem work, and also received the highest award given for Guardian ad Litem representation, the 2016 Judge J.C. “Jake” Stone Distinguished Service Award.
In August 2020, I was one of the first collaborative lawyers to receive accreditation by the Florida Academy of Collaborative Professionals (FACP), a designation I continue to hold today. I teach Collaborative Law as an Adjunct Law Professor at the Barry University School of Law, and serve as the Director of The Barry Collaborative Family Law Clinic. The Clinic represents modest income families with divorce and paternity through the Collaborative Process. I am a Collaborative Law trainer and speaker, and served as the Administrator and board member of The Collaborative Family Law Group of Florida from 2008-2018.
Whether working with clients in the conference room, by zoom, or in the court room, I am committed to empowering individuals and families to achieve healthier and more positive futures.
