The default: the mother has custody, automatically
Under Florida Statute § 744.301(1), when parents are not married, the mother alone is the child's natural guardian and has custody unless a court orders otherwise. This happens at birth, by operation of law. There is no hearing, and there is no paperwork either parent has to file for it to be true.
That is the starting point for every unmarried parent in Florida, and it is the reason the questions on unmarried father rights and being named on the birth certificate come up so often.
Establishing paternity is step one, not the finish line
Once paternity is established, both parents are natural guardians with the rights and responsibilities of parents under § 744.301(1). Paternity can be established by a notarized voluntary acknowledgment of paternity signed by both parents, by adjudication by the Department of Revenue, or by court order in a paternity action under § 742.10.
A voluntary acknowledgment can be rescinded within 60 days. After that window it establishes paternity and can be challenged only on the basis of fraud, duress, or material mistake of fact.
Being recognized as the father makes you a legal parent. It does not give you a single day of timesharing a court will enforce. Establishing paternity does not by itself create a timesharing schedule: parental responsibility, a parenting plan, a timesharing schedule, and child support must be established in an action under § 742.011. The mechanics of that first step are covered on how paternity is established in Florida.
Step two: the parenting plan, timesharing, and support order
The action under § 742.011 is where the enforceable order comes from. Parental responsibility, the parenting plan, the timesharing schedule, and child support are established there, and since CS/CS/HB 775 took effect on July 1, 2023, a court establishing paternity must address all four of those items together rather than leaving them for a later case.
Since July 1, 2023, Florida applies a rebuttable presumption that equal 50/50 timesharing is in the child's best interest under § 61.13. Child support is calculated under Florida's statutory guidelines in § 61.30. If you want the detail on either piece, see Florida parenting plans and Florida child support.
What changed in 2023
CS/CS/HB 775, effective July 1, 2023, amended §§ 742.011, 742.10, and 744.301. A court establishing paternity must now also address parental responsibility, the parenting plan, the timesharing schedule, and child support.
Also since July 1, 2023, Florida applies a rebuttable presumption that equal 50/50 timesharing is in the child's best interest under § 61.13.
What this looks like as a case
Reduced to its parts, the path from the default to an enforceable order looks like this:
- 1. Paternity is established, by a notarized voluntary acknowledgment of paternity signed by both parents, by adjudication by the Department of Revenue, or by court order in a paternity action under § 742.10.
- 2. If a voluntary acknowledgment was signed, the 60-day rescission window runs. After it closes, the acknowledgment establishes paternity and can be challenged only on the basis of fraud, duress, or material mistake of fact.
- 3. An action under § 742.011 establishes parental responsibility, the parenting plan, the timesharing schedule, and child support.
- 4. Because of CS/CS/HB 775, the court establishing paternity addresses all four of those items rather than leaving them for a later case.
Where The Quick Divorce fits
The Quick Divorce covers these cases under Essential at $995 and Premium at $2,995, listed on pricing. Core does not cover them, because Core is built for simple divorces with no children.
What we provide is document preparation for parents who already agree. It is not representation, and it is not legal advice. Parents who do not yet agree can use online mediation first, which is $450 per hour with a two-hour minimum.
The Quick Divorce is not a law firm and does not provide legal representation or legal advice.