Best Child Visitation Lawyers in Florida

1. About Child Visitation Law in Florida, United States

Child visitation in Florida is governed within the broader framework of time-sharing and parental responsibility. Florida law focuses on the best interests of the child when determining who the child will spend time with and how decisions are made. The terms used by Florida courts are time-sharing and parental responsibility rather than traditional custody language.

A parenting plan is central to most Florida cases. It outlines a schedule for the child’s time with each parent, transportation arrangements, holidays, and how major decisions will be made. Courts expect parents to cooperate to create a plan that works for the child, and may order mediation to help reach an agreement.

Recent trends emphasize early dispute resolution and clear parenting plans, with courts sometimes utilizing mediation and case management to reduce litigation time. Florida also relies on the best interests standard to assess a child’s needs and safety in all time-sharing decisions.

“In Florida family law, decisions about child custody and time-sharing are guided by the best interests of the child standard and require a parenting plan.”

Sources: Florida Courts, Florida Legislature

2. Why You May Need a Lawyer

When navigating Florida child visitation issues, a lawyer can help you strategize and document your case. Here are concrete, Florida-specific scenarios where legal counsel is advisable.

• A parent plans to relocate to another state and needs a visitation plan that preserves meaningful time with the child under Florida law.
• There are safety concerns, such as domestic violence or credible threats, and you need to seek protective orders or safe visitation arrangements.
• The other parent has a irregular work schedule or international travel, requiring a detailed and enforceable parenting plan and clear transportation logistics.
• There are repeated violations of a court order, prompting enforcement actions or contempt remedies to protect the child’s routine and welfare.
• There is a dispute over medical decisions or education needs, which requires a formal approach to preserve decision-making rights.
• Grandparents or other relatives seek visitation rights and you need to assess standing, evidence, and best-interest factors under Florida law.

In complex Florida cases, a family law attorney can help you prepare relevant evidence, negotiate a robust parenting plan, and represent you at hearings to advocate for the child’s best interests.

3. Local Laws Overview

Florida sits under a framework of statutes and rules that govern child visitation and parenting arrangements. Below are 2-3 key laws by name that Florida residents should be aware of, along with brief descriptions to help you understand their impact on time-sharing decisions.

• Florida Statutes Chapter 61 - Dissolution of Marriage; Support; Time-Sharing; Parental Responsibility. This chapter forms the overarching legal framework for parenting plans and time-sharing orders in Florida family cases.
• Florida Statutes § 61.13 - Parental Responsibility. This statute defines who makes major decisions for the child and how parental responsibilities are allocated in Florida cases.
• Florida Statutes § 61.14 - Time-Sharing Schedule. This provision explains how time-sharing arrangements are structured, including schedules, holidays, and transportation logistics.
• Florida Statutes § 61.13001 - Relocation of a Parent. This statute governs moves by a parent that affect time-sharing, including when a relocation requires court approval or modification of a parenting plan.

These statutes are maintained by the Florida Legislature and are available for review on official government sites. For the current text and any amendments, consult the Florida Legislature’s Statutes portal and related Florida court guidance.

Where to learn more: Florida Legislature | Florida Courts | My Florida Families (DCF)

4. Frequently Asked Questions

What is time-sharing in Florida family law?

Time-sharing describes how a child spends time with each parent, as set out in a parenting plan. Courts decide time-sharing based on the child’s best interests and aim to maximize meaningful contact with both parents whenever appropriate.

How do I start a visitation case in Florida?

File a petition for time-sharing in the appropriate Florida family court. Service of process to the other parent is required, and you should gather school records, medical information, and evidence of the child’s needs to support your request.

What is a parenting plan and is it mandatory in Florida?

A parenting plan is the court-approved agreement detailing schedules, holidays, and decision-making. In divorce cases, Florida typically requires a parenting plan unless the court finds a compelling reason not to.

How much does a Florida child visitation attorney cost?

Costs vary by complexity and location. Typical hourly rates range from $150 to $400, with retainer ranges commonly between $1,000 and $5,000 for contested cases.

How long does a visitation dispute take in Florida?

Timeline varies by court, but a straightforward case may resolve in a few months, while contested or relocation matters can take six months or longer depending on court calendars.

Do I need an attorney for a visitation case in Florida?

No requirement to hire an attorney, but an experienced family law attorney enhances filings, evidence collection, negotiation, and hearing advocacy.

Can a visitation order be modified if circumstances change?

Yes. A parent may seek modification if there has been a substantial change in circumstances or if the modification serves the child’s best interests.

What is relocation of a parent and how does it affect visitation?

Relocation involves moving a child more than a certain distance or out of state. It typically requires court approval or modification of the parenting plan to maintain appropriate time-sharing.

What is the difference between custody and time-sharing in Florida?

Florida uses the terms parental responsibility and time-sharing instead of traditional custody. The framework centers on the child’s best interests and a detailed parenting plan.

Is mediation required in Florida for parenting disputes?

Mediation is commonly encouraged and may be required by local rules before a court hearing in many circuits. Check your county court’s rules for specifics.

What if the other parent violates a visitation order?

Document violations and file a motion for enforcement. The court can impose remedies, including contempt findings, to enforce the order.

Can grandparents obtain visitation in Florida?

Grandparents may petition for visitation if it serves the child’s best interests. The court evaluates factors related to the child’s welfare and existing parental rights.

5. Additional Resources

Use these official resources to access authoritative information and forms related to Florida child visitation and family law matters.

• Florida Legislature - Official site for Florida Statutes including Chapter 61 and related sections. https://www.leg.state.fl.us
• Florida Courts - Public information, self-help resources, and guidance on family law matters including time-sharing. https://www.flcourts.org
• My Florida Families (Department of Children and Families) - State resources on parenting plans, safety, and child welfare. https://www.myflfamilies.com

6. Next Steps

1. Clarify your goals and collect key documents such as school records, medical histories, and any correspondence with the other parent. Allocate 1-2 weeks to organize materials.
2. Consult a Florida-licensed family law attorney to assess your case, discuss potential outcomes, and prepare a strategy. Schedule 1-3 consultations within 2-4 weeks.
3. Determine whether you should file or respond to a filing and begin drafting a parenting plan or respond to petition. Allow 2-6 weeks for initial filings depending on court calendars.
4. Engage in mediation or alternative dispute resolution if offered in your circuit. Plan for 1-3 sessions over 4-12 weeks to try to reach agreement.
5. Attend hearings with your attorney if mediation fails to produce an agreement. Hearing timelines vary; expect several weeks to a few months to obtain a final order.
6. Once a parenting plan or visitation order is in place, monitor compliance and pursue modification or enforcement promptly if circumstances change or violations occur. Ongoing as needed.