WomensLaw serves and supports all survivors.

Legal Information: Florida

Custody

View all
Laws current as of October 3, 2025

Can a father who hasn’t been legally recognized get parental responsibility?

A “putative father,” which is a man who believes he is the father but cannot prove it because the mother is absent, who is caring for a child whom he believes is his, may file a petition to determine paternity. He can also ask the judge to issue an order that establishes a temporary legal custody relationship between him and the child during the proceeding. The court will likely order a DNA test1 and then enter an order creating a legal relationship between the father and the child, award child support, if applicable, and time-sharing for the mother, if applicable.

1 F.S.A. § 742.12

Legal Information

© 2008–2025 WomensLaw.org is a project of the National Network to End Domestic Violence, Inc. All rights reserved. This website is funded in part through a grant from the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this website (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided). NNEDV is a 501©(3) non-profit organization; EIN 52-1973408.