Legal Question in Family Law in Florida
As an unwed mother in the state of FL do I automatically have primary custody of my child, or do I need to have a custody hearing to gain 100% custody of my child? Her father and I were engaged and are going our separate ways at this time.
Asked on 11/16/13, 8:38 pm
2 Answers from Attorneys
John Smitten
Carey and Leisure
You are presumed the natural guardian and get full custody if not married, until a court says otherwise.
Answered on 11/17/13, 11:10 am
Gregory Buckley
Gregory T. Buckley, Attorney at Law
The mother of a child born out of wedlock is assumed to have full custody of the child until an Order of the court says differently. This means that if the father of the child wishes to have any legal rights with respect to the child, he needs to establish his paternity of the child through the courts.
Answered on 11/17/13, 1:11 pm
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