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Q: I just had a baby with my girlfriend and we aren’t married, what do I need to do?

Having a baby is an exciting and scary time, and sometimes what you need to know just isn’t covered in the baby books. For example, a large percent of the population is not getting married before they have children. While society has generally accepted this change, the law has not caught up. Unfortunately, unmarried mothers and fathers are not on equal footing when it comes to establishing rights with their children. According to Florida Statute 744.301, “the mother of a child born out of wedlock is the natural guardian of the child and is entitled to primary residential care and custody of the child unless the court enters an order stating otherwise.” Unmarried mothers are afforded rights at birth; unmarried fathers must file a petition to establish paternity in order to have any recognized rights at all. Most couples, while they are still together, do not want to spend the time and money required to establish paternal rights. While nothing will replace the establishment of rights through filing a paternity action, some things to do in this situation include:

(1) Recognize Paternity.

At the hospital, you can have the father’s name placed on the birth certificate; this creates a rebuttable presumption of paternity. If you are unable to put the father’s name on the birth certificate, another option is to have the father file with the putative father’s registry through the Florida Department of Health.

(2) Update your will, or create a will.

Whenever you have a life change, you always want to consider what would happen should you pass away. It is important when you have a child or children to direct not only what you want to leave to your child, but also who you’d like to care for the child in your stead.

(3) Be Present and Establish a Relationship

If you are required to fight for timesharing with your child down the road, the courts will consider what is in the best interests of the child and prefer to keep the child’s life as consistent as possible. If you can show that your child is not only used to, but also relies on your care, you will have an easier time fighting for timesharing later.

Again, the only guaranteed way to establish rights as an unwed father is to file a petition to establish paternity. If you are interested in a establishing you paternity, please contact Treasure Coast Legal at 772-283-2626.

Treasure Coast Legal offers representation in a wide variety of practice areas and is the first place to call with your legal needs. Contact us today for more information by calling 772-621-2886 or visit us online at TreasureCoastLegal.com.