Legal Information: Florida


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March 3, 2022

If a child is living with the putative father, can he get temporary custody (parental responsibility) of the child?

Yes. A putative father (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 and he can 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

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