Child Custody for Unmarried Parents in Florida

Understanding Custody Without Marriage

When a child is born to unmarried parents in Florida, the custody situation is different from that of a divorcing couple. By default, the biological mother has sole legal custody unless and until the father legally establishes paternity. This can create confusion and conflict, especially if both parents were previously co-parenting informally. At The Davies Law Firm, we help both mothers and fathers navigate custody rights with clarity and legal authority.

Legal Difference When Not Married

The Mother’s Initial Rights

Under Florida law, if the parents are not married at the time of the child’s birth, the mother is presumed to have full legal custody. The father has no legal right to custody or visitation—even if he is listed on the birth certificate—until paternity is legally established.


This distinction is crucial. Many fathers assume they have automatic rights, and many mothers are unsure whether they must share time with a non-court-recognized father. The answer lies in whether the father has taken steps to gain legal recognition.

Establishing Paternity

The First Step Toward Custody Rights for Fathers

To assert custody or time-sharing rights, an unmarried father must establish paternity. There are several ways this can happen in Florida:

  • Voluntary Acknowledgment of Paternity: Both parents sign a form (usually at the hospital) acknowledging the father’s paternity. This becomes binding after 60 days.
  • DNA Testing and Court Order: Either parent can file a paternity action, and the court can order genetic testing.
  • Marriage After Birth: If the parents marry after the child is born, the father is recognized legally.
  • Administrative Order: In child support proceedings, the Florida Department of Revenue can establish paternity.

Once paternity is established, the court can address custody (time-sharing), parental responsibility, and support. Learn more about establishing paternity here.

Creating a Parenting Plan

Custody Rights After Paternity is Confirmed

Once legal fatherhood is recognized, the court can issue a parenting plan just as it would in a divorce. This includes time-sharing schedules, decision-making authority, and provisions for holidays or transportation.



Both parents are treated equally under the law in determining what arrangement is in the child’s best interest. Unmarried fathers have the right to request shared custody, and mothers can seek court-ordered support once paternity is resolved.

Child Support for Unmarried Parents

Legal Obligation Comes with Legal Recognition

A father’s obligation to pay child support does not automatically begin at birth—it starts once paternity is legally established. The mother can file for support once there’s a legal determination of fatherhood.


At the same time, a father paying support informally or voluntarily should ensure that he secures time-sharing rights legally. Without a court order, he may have no enforceable way to maintain a relationship with his child if conflicts arise.


Visit our Child Support page to learn more.

Co-Parenting Outside Marriage

Building a Cooperative Plan for the Child

Raising a child without a marriage certificate is entirely possible—but legal guidance ensures both parents’ rights and responsibilities are clearly defined. We often advise unmarried parents to:

  • Create a formal parenting plan through the court
  • Use parenting apps or communication platforms to minimize conflict
  • Plan ahead for school decisions, medical care, and travel
  • Agree on rules and boundaries to ensure consistency

When done right, co-parenting outside of marriage can be just as structured and healthy for a child as any other arrangement.

Common Scenarios for Unmarried Parents

Real-Life Situations That Require Legal Clarity

  • Split After Living Together: If unmarried parents end a relationship after cohabiting, custody and support must still be formally addressed through a paternity and custody case.
  • Father Seeking Rights: If a mother is withholding the child, the father can file to establish paternity and request a parenting plan.
  • Mother Moving Away: Once paternity is established, the mother cannot relocate more than 50 miles without agreement or court approval.

Call to Action

Let’s Secure What Matters Most—Your Child’s Future

Whether you’re a mother seeking support or a father wanting time with your child, it all starts with legal clarity.


Contact us today to protect your rights and build a parenting plan that supports your child’s wellbeing.

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