Posted by Nydia Streets of Streets Law in Florida Paternity
In 2023, the Florida Statutes were amended as it relates to non-married father’s rights. Previously, a child born outside of wedlock was considered to be in the full custody of the child’s mother until a court order was entered stating otherwise. The law was amended to state that if a father is on the birth certificate for the child, both parents have custodial rights. This was an issue in the case Schauer v. Mitchell, 1D2024-0499 (Fla. 1st DCA January 23, 2025).
In this case, the mother of the child filed an emergency motion for a pick-up order, presumably alleging that the father was wrongfully retaining the child. The trial court denied the motion, and the mother appealed, arguing that since paternity had not been established by court order, the father had no custodial rights.
The appellate court affirmed the ruling, holding “The trial court did not err in entering an order finding that [the father’s] paternity had been established by voluntary acknowledgment of paternity. [The father] is on the child’s birth certificate and [the mother] acknowledges his paternity.” The court concluded “Nor did the court err when it entered the order denying [the mother’s] motion for a child pick-up order. As of July 1, 2023, the Legislature amended section 744.301(1) to provide that ‘[t]he mother of a child born out of wedlock and a father who has established paternity under s. 742.011 or s. 742.10 are the natural guardians of the child and are entitled and subject to the rights and responsibilities of parents.’ § 744.301(1), Fla. Stat. Florida courts have yet to interpret the new section 744.301(1). But a plain reading of the statute affords custody rights to a father whose paternity has been established.”
Schedule your meeting with a Miami family law attorney to determine the next best steps in your case.