Keywords
Family Law; Parental Alienation; Children Support Enforcement; Misattributed Paternity; Father’s Rights; Judicial Bias
Abstract
This thesis examines systemic inequities in Florida’s family law system, focusing on how legal doctrines, discretionary practices, and enforcement patterns disadvantage unwed and noncustodial fathers. Drawing on statutory analysis, case law, empirical studies, and psychological research, it evaluates several reforms designed to promote fairness while protecting child welfare. These include mandatory paternity testing at birth, a rebuttable presumption of equal custody, stronger enforcement of visitation orders, equitable tax restructuring, and improved training for legal professionals. Current Voluntary Acknowledgment of Paternity (VAP) procedures often create binding obligations without confirming biological parentage, resulting in long-term emotional, legal, and financial consequences. Research shows that paternity confidence is an unreliable measure of biological accuracy, highlighting the need for routine testing at birth to prevent future disputes. In custody matters, although the “Tender Years Doctrine” has been abandoned in law, its influence persists through judicial discretion that favors maternal custody and sidelines engaged fathers. Empirical evidence supports equal custody presumptions as a means to promote consistency, reduce litigation, and strengthen child development through stable parental involvement. Complementary reforms, such as allocating child-related tax benefits more equitably and enforcing parenting plans with the same rigor as child support, could further restore balance. Training judges and attorneys on the psychological harms of parental alienation would ensure custody rulings align with developmental science. Overall, these findings point to a need for comprehensive, evidence-based reform. By aligning family law with modern research, these measures can strengthen both parental equity and child well-being, creating a system that reflects fairness, accountability, and the evolving realities of contemporary families.
Thesis Completion Year
2025
Thesis Completion Semester
Fall
Thesis Chair
Peck, Jennifer
College
College of Community Innovation and Education
Department
Legal Studies
Thesis Discipline
Family Law
Access Status
Open Access
Length of Campus Access
None
Campus Location
UCF Downtown
STARS Citation
Blum, David J., "Beyond the Bench: Historical Injustices and Future Pathways for Florida’s Family Court" (2025). Honors Undergraduate Theses. 412.
https://stars.library.ucf.edu/hut2024/412
Included in
Civil Law Commons, Civil Procedure Commons, Family Law Commons
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