Top 6 Misconceptions On Father’s Rights Held By Fort Lauderdale Residents

Courts Favor Mothers In Florida Custody Cases

A common misconception is that Florida courts automatically favor mothers in custody cases. In reality, Florida law explicitly states that there is no presumption in favor of either parent based on gender. The primary concern in custody decisions is the best interest of the child.

This can result in different outcomes depending on the unique circumstances of the family. In some cases, one parent may be granted more time-sharing if it better serves the child’s needs, while in other cases, equal time-sharing may be appropriate.

Ultimately, the court’s focus is on creating an arrangement that promotes the child’s well-being, regardless of the parents’ gender.

Fathers Never Get Full Custody Of Their Children In Florida

Florida family law no longer uses the term “full custody.” Instead, it emphasizes shared parental responsibility for decision-making and time-sharing arrangements, which replace the traditional concepts of legal and physical custody. This shift means that both fathers and mothers are treated equally in the eyes of the law when seeking custody arrangements. The court’s focus remains on what best serves the child’s interests, rather than the gender of the parent.

While the term “full custody” may hold different meanings for different people, it typically refers to a parent wanting either primary decision-making authority or significantly more time-sharing. These requests often arise due to factors such as the other parent’s work schedule, location, or behavior that might affect the child’s well-being.

A skilled attorney plays a crucial role in understanding exactly what a parent is seeking and crafting a strategy that meets those goals while ensuring the child’s safety is the top priority. Fathers, like mothers, have the opportunity to secure substantial or even primary control over decision-making and time-sharing if the circumstances call for it.

A Father Can Be Denied Custody Because He Works Full-Time

Having a full-time job does not prevent a father from obtaining time-sharing in Florida. The court understands that many parents, regardless of gender, work full-time while still fulfilling their parenting responsibilities. As such, work schedules are considered when developing a parenting plan, and adjustments can be made to accommodate both parents’ availability.

With that said, if a father works unconventional hours, such as overnight shifts, a family attorney can help propose a schedule that ensures the father maintains a meaningful relationship with his child while balancing work commitments.

Unmarried Fathers Have Fewer Rights Than Married Fathers

Historically, unmarried fathers in Florida had fewer rights than married fathers. However, this changed in July 2023 with the passage of the Good Dad Act.

Under the new law, unmarried fathers who either sign the birth certificate or a voluntary acknowledgment of paternity, which isn’t rescinded within 60 days, are presumed to be the child’s legal father. They now have the same rights as the mother, just as a married father would.

A Father’s Failure To Pay Child Support Can Lead To Losing Visitation Rights

A father’s failure to pay child support cannot result in the loss of visitation rights. Florida law treats the obligations of child support and time-sharing as separate matters. A parent cannot deny the other parent access to their child as punishment for unpaid child support.

However, the court can take other actions to enforce child support payments, such as suspending their driver’s license, garnishing wages, seizing tax refunds, or holding the parent in contempt. The court can also penalize a parent for not paying for additional support, such as contributions to daycare or health insurance.

Fathers’ Rights Are Taken Less Seriously In Domestic Violence Cases

In domestic violence cases, Florida courts evaluate the facts and circumstances impartially, without favoring one parent based on gender. Either parent—whether the father or the mother—can be the aggressor.

However, if domestic violence is proven, it becomes a significant factor in child custody and time-sharing decisions. This is because the court’s primary focus is always the child’s best interests and safety, which directly impacts the custody arrangement.

To protect the child, the court may implement various safeguards. These can include supervised time-sharing, where a neutral third party monitors the parent during their time with the child, or therapeutic time-sharing, which involves a therapist working to safely rebuild the parent-child relationship.

Additionally, the court may require the offending parent to attend anger management or battery prevention programs. While the goal is often to reunite the parent and child when possible, the court will always prioritize the child’s welfare and safety in making these decisions.

Still Have Questions? Ready To Get Started?

For more information on Father’s Rights In Fort Lauderdale, FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.