Men who want to go to court to fight for their legal rights as a father need to have sufficient information about father’s visitation rights in Florida. For starters, a man can only seek visitation rights in the state of the Florida if they are the child’s biological or legally adopted father. Therefore, if a man believes that he is the father of a child, he has every right to request a DNA test that will prove he is the child’s parent; this is known as “establishing paternity.” After paternity has been determined, Florida family law courts will enter a paternity order so that the father can claim his legal rights. The father will then have visitation rights and, in most instances, be required to pay child support. Getting the Florida father’s rights help and advice necessary to get visitation and parenting time with dad is as easy as contacting one of our Florida family law attorneys right away.
What Rights to Visitation Do Father’s Have in Florida?
Dads have several custody and visitation rights in the State of Florida. One of a dad’s visitation rights in Florida is the right to physical, internet and phone contact with their child on a regular basis. In situations where the parents cannot agree on a visitation schedule, a judge will step in and set down a guide that both parents must follow. The father has the right to go back to court to request that the visitation order be enforced or that the other parent face penalties for restricting their visitation rights.
The father has the right to know about all of the activities that their child participates in as well as the right to take part in these activities. The father also has the right to alter the original court judgment if an informal visitation agreement between both parents favors him.
Though fathers have the same rights as a mother, men should know that the court can modify any of these rights whenever they see fit. There are a number of factors that could affect the decision a judge makes regarding custody and visitation rights for fathers in the State of Florida. If the father’s moral fitness is in question, the court could deny them some of their custodial or visitation rights. This means living a lifestyle that a judge believes is not healthy for a child to be around, such as drinking, drug use, or parading multiple sexual partners around the child on a regular basis. Florida family law courts prefer stability in a father’s life since it is best for their child. Fathers could also lose rights to visitation if evidence of sexual violence, child abuse, domestic violence, child neglect and child abandonment is presented against them before the court.
Physical and Mental Health Involved in a Florida Father’s Rights Battle
If the father’s physical or mental health is in question, the court could decide to deny a father some of their visitation rights or force a father to have visitation in a supervised setting. Men run the risk of losing their rights if it is established that they cannot meet their child’s needs before their own. A father should also be able to provide consistency in the child’s life so that the child can follow a routine in following schedules for meals, bedtime and homework. The court also requires the father to provide an environment that is substance-free for their child; otherwise their visitation rights will be limited.
These and many other factors are considered when awarding fathers visitation rights in Florida. A father who wants to get visitation rights should contact an experienced Florida family law lawyer who will give them a clear picture of their particular situation. They will get all the information that they need on visitation rights in Florida so that they can fight for their rights. Speak to one of our father’s rights lawyers today.Additional Florida Information
How can u prove that the mom is unfit for the child ?
This will require very specific allegations, proof, and then the filing of a motion for a court mandated psych evaluation under the law (found here: Fla. Fam. L. R. P. 12.360)
Don’t attempt to do this alone – this requires an experienced child custody lawyer to prove that it is necessary and to not make a comment that offends the judge and turns the court against you.
In this report it mentions Mental Health what about the mom that has very bad mental health issues
Mental health issues are always a tricky situation to bring up in court. At last check, there are something like 30% of Americans are currently taking some type of medication for mental health reasons. So, whenever mental health issues of one parent is going to mentioned, it needs to be very carefully approached by your attorney. Think about it like this: Parent A has mental health issues and Parent B decides to use that to bolster his child custody case. Parent B says to the judge “Parent A is bipolar, she’s crazy half the time. She’s on lexapro and takes xanax every day, she’s not fit to have the kids living with her!”
Now, the judge, is deciding what he thinks about this comment and the information provided by Parent B. The judge personally takes medication for depression, and the judges son has panic attacks and takes an anti-anxiety medication too. the judge knows he’s not crazy, and neither is the judges son. So, now the judge thinks Parent B is making a mountain out of a mole hill and is an unsympathetic jerk on top of it. Remember, over 25% of Americans are on some kind of medication.
To use mental health issues in a child custody case requires extreme caution. It is the topic of many custody cases if approached the correct way though. This usually means that your lawyer would allege significant issues with specific reasons why the mother isn’t the best fit for being the primary parent. Your lawyer would want to request a Mental Health Examination, which is going to cost significant money (think: $3,000+ easily).
In Florida, this is found in the statute here: (Fla. Fam. L. R. P. 12.360) https://www.flcourts.org/content/download/217912/file/Family-Law-Rules-of-Procedure.pdf
If the mental health issues are closely tied to something in dispute (that is related or an important factor to a current court dispute), a psychological evaluation can be ordered.
Tread carefully, and always discuss with a lawyer first – these issues are extremely complex.