Protecting Fathers’ Rights in Visitation and Custody
Are you a father faced with a pending divorce? Do you fear your time allowed with your children is at risk? Perhaps your spouse or partner is attempting to alienate you as a parent, or repeatedly disregards visitation orders. Even more commonly, gender and family stereotypes may cause friends or family members to lament on your unfortunate situation with limited hope.
When your rights as a father are in jeopardy, the TK Law Firm is uniquely qualified to help. We will do all we can under Florida law to see that you remain a strong and positive presence in your child’s life.
While Florida courts have consistently ruled in favor of a parent’s right to the care, custody and companionship of a minor child, parents have often been incentivized to take unreasonable bargaining positions in an attempt to maximize timesharing and, in turn, minimize child support obligations.
The new bill, which was signed by Governor DeSantis on June 27, 2023, and went into effect on July 1, 2023, changed Florida law in a significant way. Florida law modified Florida Statute 61.13 to create a rebuttable presumption that equal timesharing between both parents is in the best interest of the child at issue. This places the burden on the person seeking more than 50 percent of timesharing to prove, by a preponderance of the evidence, that equal timesharing is not in the best interest of the minor child. THIS DOES NOT MEAN that both parents will always walk out of Court with equal timesharing. It only means that both parents are presumed to be capable of acting in the minor child’s best interest.
Sometimes the odds are stacked against dads who wish to have an equal right to custody and visitation.
For the soundest legal advice and advocacy a father can receive, call our fathers’ rights attorneys today to learn how we can help.
Speak with an experienced Florida attorney at our firm today.
Call 855-Kramer-Now (855-572-6376).
Custody Rights of Fathers in Florida
Years ago, the court presumed that children were simply better off living with their mother. Views are very different today. Florida courts recognize that a father’s involvement in the life of his child is equally as important as the mother’s.
This is good news for fathers in child custody matters. Florida law no longer gives the mother preference over the father. In fact, custody no longer exists in Florida for this reason. The ultimate concern is the best interest of the child. That is why we call it “timesharing” now. This holds true for all matters involving children and fathers’ rights regarding decision making.
Even so, the courts are still adjusting to this concept of gender neutrality and equal footing. Help from a good attorney is often necessary to break though long-established prejudices to achieve truly equal time time sharing arrangements.
Actions that you take now will set the stage for your role as a father and the involvement you will have with your child. The TK Law Firm can help protect these rights by advocating a parenting plan that protects the father-child relationship.
- We will represent you in a divorce to ensure your rights are upheld in the parenting plan that supports fair time sharing and parental responsibility. We are experienced moderators and believe mediation and negotiation lead to the best arrangements for all parties involved. We are also skilled litigators.
- We can help you with post-divorce modifications to change the child custody or support agreement approved by the court.
Protecting Unmarried Fathers Rights in Florida
In cases of unwed parents, the fathers’ parental rights are not “presumed.” Florida fathers must work to protect their rights, and we are here to help you do that.
Under Florida law, unmarried fathers must establish paternity in order to enforce their parental rights. Having your name on the child’s birth certificate is not enough.
Once paternity is declared, you may then seek to establish a parenting plan through Florida courts. The parenting plan becomes the blueprint of how you and the mother will share the responsibilities of raising your child. This includes making important decisions about:
- Father’s visitation rights and custody rights (timesharing)
- Amount of child support
- Health care and medical decisions
- Education and choice of school
- Religious upbringing
- Relocating the children out of town or out of state
The TK Law Firm can help you to properly establish paternity. Once this critical step is accomplished, we can represent you in securing a court-ordered parenting plan to enforce your fathers’ rights to custody and visitation.
Representing Fathers throughout Central Florida
When you need a Florida family law lawyer known for strongly protecting the rights of fathers, please contact us at 855-Kramer-Now (855-572-6376).
There are powerful ways we can help you fight for equal parenting time, remove barriers to child access, and ensure fairness in support payments to both parties. We handle all legal matters associated with fathers’ rights, including establishing paternity, contesting paternity, physical and legal custody, timesharing, child support, parental alienation and adoption.