Child Custody And Timesharing – Put It In Writing!

If You Have A Timesharing Agreement For Your Child(ren), Put It In Writing, And File It With The Court!

In 2020, over 47% of all births in the State of Florida were children born to unwed Mothers. Why is this important? Florida Statutes have not caught up with the realities of our modern day society – more children are born to parents who are unwed.

Pursuant to § 744.301(1) Florida Statutes, a mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the Court enters an order stating otherwise.

What Does This Mean?

The mother of a child or children born out of wedlock that is/are not subject to a parenting plan or timesharing schedule has all of the timesharing and sole parental responsibility of the minor child(ren) in question. The Mother is allowed to exercise all of the timesharing with the child(ren) and make all decisions on behalf of the child(ren) until a Court order indicating otherwise is entered.

How Do I Get A Court Order?

A Petition to Establish Paternity and Other Relief may be filed. If both parties agree that paternity is a non-issue, then an affidavit acknowledging paternity or a stipulation of paternity may be executed by both parties and filed with the Clerk of Court pursuant to § 742.10 Florida Statutes. Once Paternity is established, either party may seek to establish a Parenting Plan.