Birth Certificates

• When a child is born, if both parents' names appear on the birth certificate, paternity is established. Both parents have equal rights to the child under Florida law, and neither can legally keep the child away from the other. You may need the assistance of the court to enforce this, however.
  
  

Establishing Paternity

• If you are the father and your name isn't on your child's birth certificate, Florida law requires you to establish paternity in another way before you can file a request with the court for custody or time with your child. If your child's mother will agree, Florida accepts a legal document called a certification, acknowledging that you are the father and signed by both you and the child's mother. Certification forms are available through Florida's self-help centers, and contact information is available on the state's website. If your child's mother refuses to sign a certification, then Florida law requires you to file a motion with the court to ask for a DNA test proving paternity. If the test is positive, the court issues an order naming you as the child's father.
  
  

Agreed Custody

• Once paternity is established, Florida courts require parents to submit a parenting plan for a custody order, since these things can't be included in a divorce decree if you were never married. Parenting plans state who will have legal custody, or the right to make major decisions regarding the child. They also establish which parent the child will live with most of the time, and include a detailed plan of when the child will spend time with the other parent. If the court approves your parenting plan, which it usually does, it will issue a custody order including its terms.
  
  

Custody Trials

• If unmarried parents can't come up with a parenting plan by agreement, Florida law requires that one of them must then ask the court for a trial. Just as when custody is in dispute between married parents, the judge will make a decision based on what he considers to be in the best interests of the child.
  
  

Paternity Registry

• Florida also offers a putative registry for unmarried fathers who don't necessarily want custody or parenting time but want to protect their rights. The registry prevents a mother from putting the child up for adoption without notification to the father, so he can step in and prevent the adoption if he wants to. A form to register is available through the Florida Department of Health (www.doh.state.fl.us). Once you're registered, the state will advise you of any pending adoption proceedings. You can register even if you only suspect you're the father. In the event of a possible adoption, the court would order a DNA test to confirm your paternity.