Legal Question in Family Law in Florida
custody
I have a 12 yr old son and was never married to his father. He does pay child support and signed the birth certificate, Do I have full custody of my son even though it has never been put on paper. I live in Florida.
2 Answers from Attorneys
Re: custody
Assuming that no judge has ever declared that he is the father, which usually occurs through a child support order or through a paternity suit, you have sole (full) custody. Florida is unusual is this respect. As I understand the law in most states, a birth certificate operates to award fathers' rights to unmmaried men. This is not true in Florida, where fathers' rights can only be granted to unmarried fathers via court order.
However, if, in your case, there has been a court order granting him fathers' rights, you probably have shared custody, unless the order says otherwise.
Re: custody
No, you have joint custody. If you want full, seek a court order.
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