Florida Mothers' Rights

If a mother and father are married when a child is born in Florida, the child is presumed to be a child of the marriage and the mother's husband is presumed to be the biological and legal father of the child. If a mother is not married when she gives birth to a child, there are a number of different considerations that the mother should take into account when deciding her course of action.

Under Florida law, the mother is designated the natural custodian of the minor child. This means that the mother has sole legal rights over the minor child until paternity has been determined by a court of law or by consent of the parties. After giving birth, the unmarried mother of a child should consider whether she wishes to advance the legal responsibilities as well as legal rights upon the biological father. If the unmarried mother chooses, she may file a Florida paternity action against the alleged biological father. Paternity actions in Florida include determination of a child's biological father as well as time-sharing (child custody) and child support actions.

Once a paternity action is filed and a legal father is determined the mother will most likely have to share parental responsibility (decision-making) concerning the minor child with the father. If the mother does not wish to share these rights with the legal father then she should consider whether she should file a paternity action.

Mothers' Rights in Florida Child Support Cases

If paternity has been established by operation of law, agreement of the parties or court action, the mother of a minor child has the right to request that the father pay child support for the benefit of the minor child. Included in Florida child support orders are also such matters as daycare costs, health insurance, the payment of the child's non-covered medical expenses and payment of the mother's medical expenses related to the birth of the minor child. Florida child support orders are based upon Florida Child Support Guidelines. Florida law provides that it is a mother's right to have all of a father's income considered when calculating child support. This includes income from wages, overtime and bonuses, unreported income and self-employment income.

Miami and Fort Lauderdale area mothers should hire an experienced Miami child support lawyer to assist them in accurately determining the proper amount of child support that should be paid by the father of a minor child. Experienced Dade County child support lawyers are especially important to utilize when it is believed that there is unreported income, the father is the owner or shareholder in a business or corporation, or is a high-income individual.

Mother's Rights in Florida Property Distribution

When considering the proper award in a marital property equitable distribution case, Florida law provides that the family courts shall consider a number of factors that typically apply to Florida wives and mothers. These factors include the contribution of a spouse in the role as a homemaker, the efforts in caring for and educating the minor children, whether either spouse's education or career has been interrupted during the marriage, the income of the spouses and whether it is in the best interests of the minor children to remain in the marital residence.

South Florida women should hire experienced Miami divorce attorneys to advocate their unique positions in any property distribution, child support or time-sharing child custody matter.

Our Dade County divorce attorneys have a team of experts available to assist us in arriving at a fair resolution of your spousal support and alimony, child support, time-sharing child custody and property distribution matters. In complex cases, we may utilize the services of real estate appraisers, forensic accountants, financial planners, vocational experts, computer forensic experts, private investigators or tax professionals.

Contact our Dade County Mothers' Rights Attorneys

Contact our Miami mothers' rights attorneys at 305-222-7351, or e-mail us to schedule an appointment to discuss your Dade County, Broward County, or Monroe County mothers' rights case. Our Miami mothers' rights lawyers accept family law cases in Miami-Dade County, Broward County and Monroe County. 

Consultations are available in Miami and at several meeting locations throughout Dade and Broward Counties including Lincoln Road in Miami Beach, Galiano Street in Coral Gables, West Country Club Drive in Aventura, Hollywood Boulevard in Hollywood and in the Homestead area. Appointments are also available by telephone and via Skype internet video chat.

Want to Learn More?

If you would like more information on family law topics, read the topics in our Frequently Asked Questions (FAQs).

  • Super Lawyers
  • Super Lawyers
  • Super Lawyers
  • Lead Counsel Rated
  • Avvo Rating Badge 1
  • Avvo Rating Badge 2
  • Avvo Rating Badge 3
  • Avvo Rating Badge 4
  • Avvo Rating Badge 5
  • Avvo Rating 2016