Navigating Parental Rights and Property Disputes in Unmarried Relationships in Florida

When an unmarried couple with children separates, they often face complicated legal and emotional challenges. Unlike married couples, who can resolve custody and property division through a divorce, unmarried parents must take separate legal steps to establish parental rights and divide jointly owned property. This blog will cover what an unmarried father can do to secure his parenting rights, how property disputes are handled, and how family attorneys can help find a resolution.

Parental Rights for Unmarried Fathers in Florida

In Florida, if a father is listed on the birth certificate, there is a legal presumption of paternity. However, this does not automatically grant the father parental rights, such as custody (timesharing) or decision-making authority. To ensure those rights are protected, an unmarried father must file a Petition to Establish Paternity. This legal process serves several purposes:

1. Establishes a Legal Parenting Plan – Without a court-ordered parenting plan, the mother has sole legal rights to the child, including the ability to dictate timesharing and decision-making. A formal plan outlines each parent's rights, responsibilities, and a legally enforceable custody schedule.

2. Ensures Fair Timesharing – If a father is being denied time with his child, a court order will ensure that both parents have defined and enforceable time with their child.

3. Determines Child Support Obligations – Child support is part of the paternity process and is calculated based on each parent's income, expenses, and the time each parent spends with the child. Even if both parents verbally agree on financial contributions, only a court order can enforce fair and legal child support obligations.

Without filing for paternity, a father risks limited access to his child and no legal say in parenting decisions. While some parents can work out agreements informally, those arrangements are not legally binding and can be revoked at any time by either parent.

Property Disputes for Unmarried Couples

When a couple is not married, property disputes—such as ownership of a shared home—are not handled in family court. Instead, they must be resolved through Florida's civil court system, typically by filing a partition action if both parties are on the deed. A partition action forces the sale or division of the property, ensuring that each party receives their fair share.

However, in many cases, experienced family law attorneys can negotiate a property settlement as part of the paternity case, even though the house itself is not technically included in the family court process. This can be a faster and more cost-effective solution than going through a separate civil court case.

Dealing with Co-Parenting Challenges and Family Boundaries

Beyond the legal aspects, navigating a co-parenting relationship—especially when emotions are high—can be challenging. In this case, the mother of the child is not only limiting the father's access but also attempting to impose control over the grandparents' home. While maintaining a safe environment for the child is important, co-parents should not use personal opinions or control tactics to restrict access unreasonably.

If a parent believes their co-parent is being unnecessarily controlling or overstepping boundaries, it's another reason why a formal parenting plan is crucial. A court order prevents one parent from making unilateral decisions about the other parent's time with the child.

How to Move Forward

If you or a loved one is facing a similar situation, here's what needs to happen:

1. File a Petition to Establish Paternity – This is the first step in securing legal rights as a father and establishing a parenting plan.

2. Negotiate a Property Settlement – If the home is jointly owned, work with attorneys to reach a fair agreement without needing a separate partition lawsuit.

3. Set Boundaries in Co-Parenting – Having a legally binding agreement protects parental rights and helps prevent one parent from overstepping.

4. Seek Legal Guidance – A skilled family law attorney can help navigate the legal process and advocate for a fair resolution.

At Family Matters Law Group, P.A., we specialize in helping unmarried parents navigate their rights, establish fair parenting plans, and resolve property disputes effectively. If you're in a similar situation, reach out to us for guidance on your next steps.