Best Child Visitation Lawyers in Florida

About Child Visitation Law in Florida, United States

Child visitation, also known as time-sharing in Florida, refers to the legal right of a non-custodial parent or another party to spend time with a child after a separation or divorce. Florida's laws are structured to prioritize the best interests of the child and encourage meaningful involvement of both parents in the child's life whenever possible. Visitation schedules and agreements are typically established as part of the parenting plan during divorce or paternity proceedings, or as a separate action when necessary.

Why You May Need a Lawyer

Legal issues surrounding child visitation can be complex and emotionally charged. You may require legal help if you face any of the following situations:

• Establishing your right to visitation as a parent or grandparent
• Modifying an existing visitation or parenting plan due to changes in circumstances
• Enforcing your visitation rights if the other parent is not complying with the court order
• Requiring supervised visitation due to safety or abuse concerns
• Contesting false allegations regarding your parenting abilities
• Managing interstate or international visitation issues
• Addressing relocation of the custodial parent

Having a qualified Florida family law attorney can help you navigate these legal hurdles and protect your parental rights.

Local Laws Overview

Florida law refers to “visitation” as "time-sharing." The state uses a shared parental responsibility model in which both parents are encouraged to remain actively involved in their child's life. Key points in Florida child visitation law include:

• Florida Statute 61.13 outlines how courts determine and allocate parental responsibility and time-sharing schedules.
• The court’s primary consideration is always the best interests of the child, taking into account factors like the child's relationship with each parent, the parents' ability to cooperate, the child's home and school history, and any history of abuse or neglect.
• Parenting plans are required and must include details about time-sharing, decision-making, and communication.
• Florida encourages dispute resolution through mediation before litigating disputes over visitation.
• Modification of visitation requires proof of a substantial, unanticipated change in circumstances and must serve the child's best interests.
• Non-parents, including grandparents, may petition for visitation only in limited situations outlined by statute.

Frequently Asked Questions

What is the difference between custody and visitation in Florida?

Florida uses the terms parental responsibility and time-sharing instead of custody and visitation. Parental responsibility refers to decision-making rights, while time-sharing relates to where the child lives and the schedule for each parent’s time with the child.

How is a time-sharing schedule determined?

Time-sharing schedules are determined based on the child’s best interests. Parents may agree on a schedule, but if they cannot reach an agreement, the court will establish one after considering numerous statutory factors.

Can grandparents or other relatives get visitation rights?

Grandparents and certain relatives can petition for visitation but only under specific circumstances, such as if one or both parents are deceased, missing, or in a persistent vegetative state, or if the child has been removed from the parent’s home due to abuse or neglect.

What if the other parent refuses to allow visitation?

If a parent prevents court-ordered visitation, the affected parent can file a motion to enforce the agreement. The court may impose penalties on the non-compliant parent, including make-up time-sharing or contempt of court sanctions.

How can a time-sharing arrangement be changed?

Either parent can request a modification if there is a substantial, material, and unforeseeable change in circumstances. The change must be in the best interests of the child.

Can a child choose which parent to live with?

Florida courts may consider a child’s preference if the child is old enough and mature enough to express a reasoned choice, but this is just one of many factors in the court’s decision.

Are supervised visitation arrangements possible?

Yes, if there are safety concerns such as abuse, substance abuse, or mental health issues, the court may order supervised visitation to protect the child.

Is mediation required for visitation disputes?

In most Florida counties, parents are required to attempt mediation before taking disputes over visitation to court. Mediation can help resolve issues without litigation.

What happens if a parent wants to relocate with the child?

If a parent wants to move more than 50 miles from the child’s current residence for 60 days or more, they must obtain written consent from the other parent or a court order approving the relocation. The court will determine if the move is in the child’s best interests.

How is visitation handled if a parent lives out of state?

The court can develop a time-sharing schedule that accounts for travel and may modify arrangements to ensure the child maintains a relationship with the non-local parent, including holiday or extended visitation periods.

Additional Resources

Those seeking further information or help with child visitation in Florida may find these resources helpful:

• Florida Courts Family Law Self-Help Center
• Florida Bar Lawyer Referral Service
• Florida Department of Children and Families (for issues involving child safety)
• Local county clerk of court family law division
• Legal Aid organizations in your area (such as Legal Services of Greater Miami or Bay Area Legal Services)
• Parenting coordination and mediation services available through the local courthouse

Next Steps

If you need legal assistance with a child visitation matter in Florida, consider the following steps:

• Gather all documents related to your divorce, parenting plan, and any previous visitation agreements or court orders.
• Write down your concerns, including specific incidents or issues related to visitation.
• Contact a Florida family law attorney for a consultation to understand your rights and options.
• Explore mediation services if you and the other parent can negotiate arrangements outside of court.
• If you believe your child's safety is at risk, contact local authorities or child protective services immediately.
• Stay engaged in your child’s life, maintain communication, and document any violations of agreements or court orders.

Taking these proactive steps can help protect your rights and ensure the best outcome for your child.