Question: Who is the custodial parent when the parents were never married?
The Florida Statutes state that a mother is the sole legal custodian of her child when the child is born to an unwed mother. Fathers have no such rights until granted by a judge.
Basically, there are two ways for men to get rights to their children. The first way is when they are married to the child’s mother.
The second way is by court order. This happens in paternity and adoption cases.
As a result of these rules, it is important for these fathers to know that if they want rights to their children, they have to start a paternity case where their legal rights can be established along with a time sharing schedule and a child support amount.