New Rights for Unwed Fathers: Effective July 1, 2023
In a series of legislative changes that have reshaped marital and parental rights in Florida, Governor Ron DeSantis recently signed a law granting new rights to unwed fathers. The revision of Florida Statute 742, which governs parental rights, child support, and responsibilities concerning newborn children, has expanded the specific parental rights previously exclusive to mothers. Effective July 1, 2023, unwed fathers will automatically receive and be able to exercise full parental rights upon establishing their paternity. While this represents a significant step toward equalizing parental rights, it also introduces the potential for increased court litigation to define the extent of each parent’s rights. In this blog post, we will explore the key aspects of the new law and its implications for parents.
Automatic Parental Rights for Unwed Fathers:
Under the revised law, when an individual establishes himself as the father of a newborn child, he automatically receives and can exercise full parental rights. This shift recognizes the importance of fathers’ involvement in their children’s lives from the outset, granting them equal footing with mothers in decision-making processes and responsibilities. Unwed fathers no longer face the previous scenario where they would be obligated to pay child support without having any parental rights over their child.
Financial Responsibilities and Child Support:
Both the mother and father of a child now have the continuing duty to financially support their child under the new law. This provision ensures that both parents share the responsibility of providing for their child’s needs, regardless of their marital status. While the specific division of financial responsibilities is initially undefined, a domestic relations court will be responsible for determining the details in accordance with the best interests of the child.
Potential for Increased Court Litigation:
One potential downside of granting equal but undefined parental rights to both parents is the likelihood of more frequent court litigation to define the exact extent of each parent’s rights. With the absence of clear guidelines, disputes may arise regarding decision-making authority, parenting time, and other aspects of child-rearing. It is crucial for parents to understand the importance of effective communication, cooperation, and, when necessary, seeking guidance from a skilled family law attorney to navigate these potential challenges in a way that ensures the best interests of the child are met.
The new rights granted to unwed fathers in Florida represent a positive step toward recognizing the importance of their involvement in their children’s lives. By automatically granting full parental rights upon establishing paternity, the law aims to prevent situations where fathers are solely responsible for child support without having any decision-making authority. However, the undefined nature of parental rights may lead to increased court litigation as parents seek to clarify and define the extent of their responsibilities and decision-making powers. To navigate these potential challenges effectively and protect the best interests of their child, parents are advised to consult with an experienced family law attorney who can provide guidance and representation throughout the process. By working together and seeking legal support when needed, parents can establish a foundation for co-parenting success and create a nurturing environment for their children’s growth and development.
For persons living in the Florida counties of Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, and Hillsborough, Family Law Attorney Grant Gisondo is well versed in the new rights for unwed fathers. Please call his office to learn about a free, initial, in-office consultation. The phone number is (561) 530-4568. Attorney Gisondo is Florida Board Certified and has been helping clients for over a decade. To learn more about Attorney Gisondo and his Marital and Family Law Practice, visit his website at https://gisondolaw.com