How to Obtain Sole Parental Responsibility & 100% Timesharing By Default of the Law

If you have never been married to the father of your child and have no current court order in place that deals with custody, or timesharing, then you probably have sole parental responsibility and 100% timesharing by default of the law! 

 

Unless and until the father of the child takes some action in court to pursue parental responsbility and timesharing (custody), he has no legal claim to timesharing with the child.  This is true even if you listed the father on the child's birth certificate.  This is also true even if you have court ordered child support already in place.

 

Section 742.031(2), Florida Statutes (2011) states: "If a judgment of paternity contains only a child support award with no parenting plan or time-sharing schedule, the obligee parent shall receive all of the time-sharing and sole parental responsibility without prejudice to the obligor parent.  If a paternity judgment contains no such provisions, the mother shall be presumed to have all of the time-sharing and sole parental responsibility."