Father’s Rights Lawyer in Orlando, FL

Name: Father's Rights
Brand: O’Mara Law Group
Rating: 4.5 (71 reviews)

It is a father’s right to receive equal consideration in Florida child custody cases. Florida custody laws require the family courts to presume that the child’s best interests are served by encouraging and facilitating a close and continuing relationship with both parents. Each father's rights lawyer in Orlando at the O’Mara Law Group is committed to protecting fathers’ custody rights.

Father's Rights Overview

Obligations and Challenges How Attorneys Can Help Right to Close Relationship Are Fathers Natural Guardians Good Dad Act Courts and Custody Decisions Fighting for Your Rights Establishing Paternity Full Custody Court-Ordered Parenting Time Seeking Modification Why Choose O'Mara Law Group FAQs

Protecting Fathers’ Rights

Custody disputes can be emotionally charged due to parents’ strong bonds with their children. Fathers often fear that they will lose their children because they are unaware of their child custody rights in Florida. Whether you are an unmarried biological father or a father undergoing a divorce, you have the same rights to custody as the mother. If you are seeking custody or visitation of a child, the O’Mara Law Group can help. Our child custody attorneys are trusted divorce lawyers for fathers in Florida, and we are committed to preserving fathers’ ongoing relationships with their children.

Child Support: Obligations and Challenges for Parents

In Florida, both parents have important financial obligations when it comes to supporting their children, but navigating child support can sometimes be complicated. Child support is generally determined based on factors such as each parent’s income, the number of children, healthcare and childcare expenses, and the amount of time each parent spends with the children. Parents may also face challenges when seeking to modify support, address inaccurate income information, or ensure that parenting time and financial responsibilities are fairly considered.

Common child support challenges for fathers in Florida may include:

Understanding how Florida’s child support guidelines apply to their circumstances
Establishing accurate income and financial information
Requesting a modification after a significant change in financial circumstances
Addressing disputes involving unpaid or past-due child support
Understanding how parenting time can affect child support calculations
Ensuring health insurance and childcare expenses are properly accounted for
Responding to enforcement actions or disagreements over support obligations

What Can a Father's Rights Lawyer in Orlando Do for Me?

When you retain the men’s divorce attorneys at O’Mara Law Group, we will help you devise a custody arrangement that maximizes your time with your child by reaching an agreement with your child’s mother. If an agreement cannot be reached, we are ready to present your case compellingly in court.

Our father's rights attorneys in Orlando work tirelessly to protect their custody rights in Florida. Depending on your circumstances, we will provide the following legal services:

Investigate the other parent’s fitness to care for your child
Provide mediation services
Report maternal abuse to Child Protective Services
Persuade the presiding court to order a maternal psychological evaluation
Help you enforce court-ordered custody arrangements
File a petition for custody or custody modification
Help you establish paternity
Assist in proving parental alienation
Defend you against wrongful accusations by your child’s mother
Ensure you know your full legal rights and options

You can trust us to maintain strict confidentiality and handle your case with the utmost care, sensitivity, and attention it deserves. We will stand by you throughout the life of your case.

A Father’s Right to a Close and Continuing Relationship With the Child

Under Florida Statute § 61.13, the state’s public policy is to ensure that minor children have frequent, continuing contact with both parents, encouraging both parents to maintain an active role in the child’s upbringing. The law prohibits courts from unfairly favoring one parent over the other.

The first and foremost consideration in custody matters is the child’s best interests. However, courts may not discriminate against you based on your status as a mother or father. Custody arrangements involve two primary considerations:

Parental responsibility
Parenting time

Parental responsibility is Florida’s term for legal custody, which refers to decision-making authority over a child. Courts award this equally to both parents unless they determine that shared parental responsibility not appropriate, especially if it does not protect the child’s best interests.

Parenting time is the state’s term for physical custody. The state uses the term “time-sharing” in lieu of “visitation.” This terminology acknowledges the equality of both parents and eliminates the idea that one parent has custody while the other is merely a visitor with a minor role in the child’s life.

Florida family law also features a rebuttable presumption that equal time-sharing is appropriate. If a parent lives more than 50 miles away from the child when the time-sharing schedule is decided and then moves within 50 miles of the child after the decision, they have the right to seek modification of the time-sharing schedule.

As a father, you also have the right to request full custody, equal parenting time, or another arrangement that provides you and your child with the time you need to maintain your parent-child relationship. Our Orlando family law lawyers will fight to protect your rights and work toward an arrangement that best serves your family’s needs.

Father's Rights

Are Fathers Natural Guardians in Orlando, Florida?

Before July 2023, unwed fathers in Florida had somewhat limited paternal rights. The legal process for establishing custody was heavily skewed in favor of unwed mothers. This changed with the passage of The Good Dad Act (SB 1146), which empowers fathers to cultivate deep, lasting bonds with their children more easily by clearing much of the red tape that existed previously. In effect, the new law balances the scales between unwed mothers and fathers in Florida. Courts must now recognize fathers as natural guardians with equal parental rights as soon as a child is born and paternity is confirmed.

What the Good Dad Act Means for Fathers' Parenting Time and Rights in Florida

Along with HB 1301, which created the rebuttable presumption that equal time-sharing is in the best interest of the child, the Good Dad Act substantially expanded parenting time and custody rights of fathers in Florida. Once paternity is established, fathers can now:

Petition for a determination of parental responsibility
Seek court-ordered child support
Request the creation of a parenting plan and time-sharing schedule

These bills constitute major victories for father’s rights advocates in Florida by giving fathers stronger legal grounds to assert their parental rights and stay actively involved in their children’s lives.

Testimonials

What Our Clients Say

Compassionate Assistance

The Mark O’Mara Law Firm was a wonderful place and outstanding. Mark was very helpful and always made time for me, answering all my questions. But my hero was Susan Staggs, who prepared all of my paperwork. She is a real magician who takes it seriously.

N.L.

Exceptional Service

Mark O'Mara and his office provided excellent service, demonstrating professionalism and personal attention to all my details of my cases. He is one of the best in his field as a criminal and family attorney. He is honest, direct, and he always does his best for his client.

K.M.

Support in Family Law

Mr. O’Mara and his entire staff, especially Alyssa, were absolutely impressive with everything. Very efficient and punctual; their understanding of every little detail was way beyond expectations. Honestly, this law group has made a major difference in my life.

K.R.

Dedicated to Fighting Your Cause

Knowing Mark O’Mara as an attorney who has represented me for the past 23 years and has also been a friend… I can say that Mark is not only dedicated to fighting your cause, but his team shares that same dedication. When you call his office the girls at the front desk always strive to assist you. As for the rest of his team they are committed to winning the best...

R.M.

Nothing Short of Amazing

Mr O’Mara and the entire staff were nothing short of amazing. Mr. O’Mara knew exactly what we needed to do and has even offered additional advice for any future risks. This was all new for me and they walked me through everything step by step and were very patient and most of all responsive and caring. THANK YOU!!!

G.G.

They Are Top Notch!!!!

I cannot express the gratitude I have for Mark O’Mara, Susan and their firm. I had a very difficult custody situation and they guided me towards the best decisions and fought for me. I highly recommend O’Mara Law Group. They are top notch!!!!

M.M.

Such a Professional and Personable Firm.

Such a professional and personable firm. Everyone treated me with respect throughout my entire process. I absolutely dread ever needing the services of an attorney again but I would certainly go straight back to Mark. Susan was awesome and she totally got me from day one. I can’t begin to say how helpful that was for me. Thank you to the entire team!!

S.D.

I Am Truly Proud

By far, the best person, if you ever need an attorney and someone who will always be there for you. I am truly proud to have Mark as my attorney, advisor and friend. Thanks Mark and Alyssa. Michael Hoffman, Attorney at Law and C.P.A.

M.H.

Way Beyond Expectations

Mr. O’Mara and his entire staff especially Alyssa were absolutely impressive with everything. Very efficient and punctual and the overall understanding of every little detail was way beyond expectations. Honestly this law group has made a major difference in my life and helped me through many obstacles associated with owning multiple businesses and continue to do so in...

N.L.

They Were Ready to Fight the Fight

When I went in for my consultation with Mark and Caitlin, I was in a state of total devastation. They lifted the burden and took away the stress of my situation by making me feel completely taken care of. They were ready to fight the fight I didn’t have the emotional strength to do so on my own. I have and will continue to recommend their law group to anyone needing le...

M.S.

Mark Omara was GREAT

Mark has represented me and I hate to say 2 family members of mine, all 3 times mark has delivered success. He has to be the best lawyer I have ever dealt with, he is caring of the situation and of your fears in facing legal matters , he made us feel comfortable , safe and protected. Surprisingly he never made me feel down on myself for stupid things I created that lead to h...

True Advocate for a Just Outcome

Thank you for the countless conversations and authentic compassion. Mark O’Mara was so kind to tell me at our first meeting how I should no longer be worrying about the case, to let him and the team do the rest. He showed to be a true advocate for a just outcome. The O’Mara Group showed camaraderie with all parties involved, a true testament of the respect within...

K.G.

Swiper scrollbar here

How Do Courts Make Custody Decisions?

The strongest factor when determining custody arrangements is the best interests of the child, outweighing the preferences of the parents. If your preferences vary from how the court would normally rule, you must demonstrate that your preferences align with your child’s best interests.

This is why you need an experienced contested divorce lawyer on your side if you have children with a separating spouse. Without a father's rights lawyer in Orlando, you may unknowingly make statements that harm your case and that are viewed unfavorably by the court. Protecting your rights is as much about knowing what not to say as it is about knowing what to say.

With fathers now recognized as natural guardians, the legal landscape has shifted somewhat in favor of unwed fathers seeking to establish relationships with their children. The court system is increasingly attentive to the rights and responsibilities of unmarried fathers in custody proceedings. This means that unwed fathers who wish to be involved in their children’s lives have a better chance of securing favorable custody arrangements. The courts strongly favor mutually agreed-upon parental agreements and will order formal or informal dispute resolution if the parents cannot reach an agreement on their own.

If you cannot come to an agreement with your child’s mother, the court will determine custody arrangements based on the following considerations:

The child’s best interest.
The physical, mental, and moral fitness of each parent.
Each parent’s willingness to share information and parenting responsibilities with the other.
Each parent’s geographical location in relation to the child’s school and community.
Each parent’s track record and ability to be active in the child’s school and extracurricular activities.
The history of substance abuse, child abuse, or domestic violence of either parent and either parent’s record of misrepresenting such a history.
The reasonable preferences of the child, based on the child’s maturity and ability to express such a preference.

Parental Responsibility

You have the right to equal consideration of your wishes regarding parental responsibility. You may pursue sole parental responsibility in one or all aspects of the child’s life, such as education, health care, and other matters related to the child’s welfare. The court will divide these responsibilities based on its determination of the child’s best interest.

Parenting Time

You have a right to request physical custody of your child, including full custody, equal parenting time, or a time-sharing schedule that gives you more time with your child than the traditional every-other-weekend schedule. To prevail, you must prove that your wishes represent the child’s best interests.

It is crucial that you reach an agreement with the mother to give yourself the best chance of receiving the parenting time you desire. Our father's rights lawyers in Orlando are skilled negotiators, and even in emotionally charged divorces, we have successfully diffused tension enough to facilitate reasonable discussions between parents.

However, if an agreement cannot be reached, you must go to court against the mother. When both parents truly care and want the best for their children, this can create a tragic circumstance in which you lose your say over how much time you spend with your child.

When tensions are high, and the parents’ wishes are vastly different, the court may order the Title IV-D Standard Parenting Plan, which is based on the traditional model of one parent receiving primary custody and the other receiving every-other-weekend visitation.

If you are the non-custodial parent, this would reduce your visitation with your child to the following:

Every other weekend
A couple of hours one weekday evening
Every other Thanksgiving and half of Christmas break
Every other spring break
Two weeks during the summer

Since the courts must give equal consideration to both parents for custody, you have as much right to be selected as the custodial parent as the mother. However, without an experienced father's rights attorney in Orlando willing to fight for you, the risk is high that custody will be awarded to the mother. According to a 2020 United States Census Bureau report, only 20.1 percent of custodial parents are fathers.

Get the Legal Help You Need Now.

How Does Fighting for Your Rights Benefit Your Child?

Fighting for additional parenting time is more than a parental preference. The impact of remaining an active father in your child’s life would be hard to overestimate. According to the Family Youth and Community Sciences Extension of the University of Florida, children with fathers who are actively involved in their upbringing experience the following benefits :

Improved cognitive development during infancy
Better weight gain in preterm infants
Higher toddler readiness for kindergarten
Superior stress management and coping skills
Reduced risk of dropping out of school
Reduced participation in risky behaviors during adolescence
Higher academic performance
Stronger psychological security
More positive relationships with peers
Healthier emotional self-regulation

According to the research, when both parents engage in cooperative parenting, sons are less likely to become aggressive toward women later in life, and daughters are less likely to be attracted to aggressive men as grown women, compared to their peers who lacked active paternal involvement.

Protecting Your Rights by Establishing Paternity

Confirming paternity gives married and unmarried fathers in Florida the legal standing to request parental responsibility, child support, and the creation of a parenting plan that fairly addresses time-sharing. If you were married to your child’s mother when they were born and your name is on the birth certificate, paternity is presumed.

Otherwise, a mother can establish paternity by signing a voluntary acknowledgment form, which must be notarized or witnessed by two people. In the absence of a signed voluntary acknowledgment, you may need to establish paternity through DNA testing.

How Can a Father Get Full Custody?

Full custody, also known as sole custody, is rare in Florida. To be awarded full custody, you must prove by a preponderance of the evidence that the child would be harmed if the mother shared custody. The court will need clear and convincing evidence that one or more of the following is true:

The mother is morally, physically, or mentally unfit to care for the child.
The mother engages in substance abuse.
The mother has misrepresented a history of substance abuse.
The mother has a history of abusing or abandoning the child.
The mother has been convicted of domestic violence or sexual abuse of a minor.
The mother is incarcerated and expected to remain so for the majority of the child’s childhood.
The mother has had her parental rights terminated by the court at the request of the Department of Children and Families.
The court has found any other evidence that the child would be harmed in a shared custody arrangement with the mother.

The court will consider evidence of domestic violence, whether or not a conviction occurred. Our father's rights lawyers in Orlando at the O’Mara Law Group can help you gather the evidence you need to satisfy the court.

A Father's Right To Receive Court-Ordered Parenting Time

After a court orders a custody arrangement, you have a right to receive your full share of parenting time as specified. A mother who fails to make the child available for scheduled parenting time or show up for her scheduled parenting time can be held in contempt of court.

To initiate the contempt process, you must notify the court when the mother violates the parenting time order. The court may impose sanctions against the mother and order additional parenting time to compensate you and the child for the missed time.

A Father's Right to Seek a Modification

You have the right to request a modification of the existing child custody order if you experience an unanticipated, material, and substantial change in circumstances. This could include one or more of the following:

A mother’s failure to honor the parenting plan
The child being subjected to child abuse while under the mother’s care
A change in your work schedule
Relocation of either parent
A change in the child’s needs

When the court modifies the child custody arrangement, the change in circumstance may also warrant a change in the amount of child support being paid, whether you pay or receive it.

Resources for Fathers Going Through Divorce and Custody Battles

The plight of fathers in child custody has gained recognition from fathers and advocacy groups nationwide. The following resources provide opportunities for fathers to unite and stay informed about the progress of the fight for fathers’ equality:

Why Choose the O’Mara Law Group in Orlando?

Father’s rights cases can be especially challenging, often involving custody, parenting time, support, paternity, and ensuring a father’s role is fully protected under Florida law. Navigating these issues alone can be stressful and costly. The experienced attorneys at O’Mara Law Group provide clarity and strong advocacy for fathers seeking fair treatment and meaningful involvement in their children’s lives. Our award-winning father's rights attorneys in Orlando bring decades of combined experience handling complex family law matters:

Mark O’Mara, founding partner, is one of the few attorneys in Florida board-certified in Criminal Trial Law and Marital and Family Law. He is also certified in Collaborative Law and serves as a Florida Supreme Court-Certified Family Mediator and Circuit Civil Mediator.
Our attorneys have been recognized as Super Lawyers and Top 100 Trial Lawyers for our commitment to client-centered representation and high-quality legal service.

Whenever possible, we prioritize collaborative, non-adversarial strategies to reduce conflict and protect the parent-child relationship while safeguarding fathers’ rights. Contact O’Mara Law Group today to schedule a consultation and get the support you need to protect your future as a father.

Father's Rights FAQs

Can I prevent the mother from moving with my child away?

In Florida, a parent cannot relocate a child more than 50 miles for more than 60 consecutive days without either the other parent’s consent or court approval. If you object to the relocation, you can take legal action to ask the court to prevent or modify it based on the child’s best interests. O’Mara Law Group can help you respond quickly and protect your rights in these situations.

If I’m denied visitation with my child, what should I do?

If you are being denied court-ordered time-sharing, you should document each violation and contact our attorneys as soon as possible. The court can enforce the existing order and, in some cases, impose penalties or modify arrangements to ensure compliance.

Do fathers have a say in major decisions about their child?

Yes. Once legal parental rights are established, fathers may share in important decisions involving education, healthcare, and other significant aspects of the child’s life, depending on the court’s parenting plan.

What can I do if I believe my parental rights are being ignored?

If your parental rights are not being respected, you may need to take legal action to enforce or modify a court order. The court can step in to protect your rights and ensure you maintain a meaningful role in your child’s life.

What happens if the other parent violates a custody or visitation order?

If the other parent violates a Florida custody or visitation order, you may be able to ask the court to enforce the existing order. Depending on the circumstances, the court may provide make-up parenting time, modify the parenting plan, award attorney’s fees, or impose other remedies. You should document missed visits, denied exchanges, or other violations and consult with our attorneys before taking action.

What challenges do fathers commonly face in child custody cases?

You may encounter several challenges during a Florida child custody case, including establishing a meaningful parenting schedule, addressing disagreements over parental responsibilities, responding to allegations made by the other parent, and demonstrating your ability to provide a stable environment for your children. Courts generally focus on the child’s best interests when making decisions about parental responsibility and time-sharing.

What rights does an unmarried father have in Florida?

An unmarried father’s legal rights can depend on whether paternity has been legally established. Establishing paternity can allow a father to seek parental responsibility and a parenting plan that addresses custody and time-sharing. Until paternity and parental rights are legally established, an unmarried father may not have the same enforceable rights regarding decision-making or parenting time.

What are the practical steps you should take in a custody case?

If you are involved in a Florida custody case, you should take practical steps to protect your parental rights and demonstrate your commitment to your child. These may include:

Establishing paternity if necessary
Keeping records of parenting time and communication with the other parent
Following existing court orders and parenting plans
Maintaining consistent involvement in the child’s education, healthcare, and daily life
Gathering relevant financial and family records
Avoiding confrontational communication with the other parent
Consulting our father’s rights attorneys about available legal options

Taking these steps early can help you prepare for negotiations, mediation, or court proceedings.

Can an unmarried father seek custody or visitation in Florida?

Yes. If you are in Florida can seek parenting time and parental responsibility, but he may first need to establish legal paternity. Once paternity is established, you can petition the court for a parenting plan that addresses parental responsibility and time-sharing. The court will consider the child’s best interests when determining the appropriate arrangement. O'Mara Law Group can help unmarried fathers understand the process and pursue their parental rights.

Check Out These Father's Rights Blogs

4 Reasons to Establish Paternity of Your Child

When two people are married and they have a child together, it is presumed that the husband and wife are both the biological parents of the child. Unwed parents that have a child together are not given the same presumption.

Read more about 4 Reasons to Establish Paternity of Your Child

A Change in Single Parenting: The Rising Role of Single Father

Becoming a custodial father likely means you will spend more time with your child and have more control over their day-to-day activities. However, becoming a custodial parent has historically been more difficult for fathers than mothers.

Read more about A Change in Single Parenting: The Rising Role of Single Father