Child Visitation Rights in Florida

Child Visitation in Florida

In 2021, Florida experienced 3.4 divorces per every 1,000 residents. [1] When finalizing divorce, one of the biggest concerns is the custody of children.

When it comes to our children, nothing is more important than their happiness and stability. Working to obtain child visitation can be a challenging journey, filled with concerns about maintaining a loving and consistent presence in your child’s life.

However, once your visitation schedule is solidified, it grants you (as the non-custodial parent) legally protected time to spend time with your child. These rights ensure you can still actively participate in your child’s life and contribute to their emotional and developmental growth.

 

Legal Framework in Florida

If you are in Florida, here are a few things you need to know about child visitation proceedings and laws:

Florida Statutes on Child Visitation

Florida law addresses child visitation rights under Florida Statutes § 61.13, which governs timesharing and parental responsibility. Key points include:

• Timesharing: This term is used in Florida to describe the schedule and arrangements for how parents will share time with their children. The statute emphasizes that timesharing should be designed to provide the child with a stable and loving environment.
• Parenting Plans: The statute requires that parents submit a detailed parenting plan to the court, outlining how they will handle timesharing, decision-making, and other aspects of co-parenting.
• Modification of Timesharing: The law allows for changes to timesharing arrangements if there is a significant change in circumstances or if the modification is in the child’s best interests.

 

 

Best Interests of the Child

In Florida, courts use the “best interests of the child” standard to determine visitation schedules. Factors considered include:

• Child’s Needs: Courts evaluate the child’s physical, emotional, and developmental needs.
• Parental Cooperation: The ability of parents to work together and communicate effectively for the child’s benefit is considered.
• Parent-Child Relationship: The relationship between the child and each parent is significant, as visitation can impact this bond.
• Stability: Providing a stable and consistent environment for the child, including their school, social activities, and overall routine, is considered.
• Any History of Abuse or Neglect: Concerns about the safety of the child due to a history of abuse or neglect by either parent are taken into account.

 

Types of Visitation

Different forms of visitation are available depending on the circumstances:

• Unsupervised Visitation: This is the most common form of visitation in which the non-custodial parent spends time with the child without supervision. This arrangement is typically used when there is no reason to believe the parent poses a risk to the child.
• Supervised Visitation: This type is required when there are concerns about the child’s safety or well-being. Supervised visitation involves a neutral third party, such as a professional supervisor or a trusted family member, being present during visits.
• Virtual Visitation: With technological advancements, virtual visitation allows parents to maintain regular contact through video calls, emails, and other online communications. This form is especially useful when geographical distance or other factors prevent in-person visits.

 

 

Determining Visitation Schedules After Separation in Florida

How do visitation schedules come into existence?  Well, it could be any of the following:

Negotiated Agreements

• Parent-Driven Solutions: Parents can collaboratively create a visitation schedule that best suits their family’s needs. This often involves discussions and compromises to ensure that both parents have meaningful time with their children while accommodating each other’s schedules.
• Mediation: If parents struggle to agree on a schedule, mediation can be a helpful tool. A neutral mediator facilitates discussions, helping parents reach a mutually acceptable agreement without court intervention.
• Flexibility and Communication: Effective agreements often require flexibility and open communication between parents. A well-thought-out schedule should consider the child’s routine, special occasions, and any potential conflicts.

 

Court-Ordered Visitation

• Filing for a Court Order: If parents cannot agree on a visitation schedule, one parent may request a court order. This involves filing a petition with the court and presenting evidence to support the proposed visitation arrangement.
• Court Hearings: The court will schedule a hearing where both parents can present their case. The judge will review the evidence, including parenting plans, and make a decision based on the child’s best interests.
• Finalizing the Order: Once a court order is issued, it becomes a legally binding document. Both parents are required to adhere to the schedule unless a modification is requested and approved by the court.

 

 

Modifying Visitation Agreements in Florida

If you are looking to modify a Florida visitation agreement, here’s the process:

1. Filing a Petition: To request a modification, the requesting parent must file a petition with the court that originally issued the visitation order. This petition outlines the reasons for the requested change and includes any supporting evidence.
2. Providing Evidence: The petition must be accompanied by relevant documentation that supports the need for modification, such as medical records, proof of relocation, or evidence of changes in parenting circumstances.
3. Court Hearing: After filing the petition, the court will schedule a hearing where both parents can present their arguments. During the hearing, each parent will have the opportunity to explain why the modification should or should not be granted.
4. Judicial Review: The judge will review the evidence and consider the best interests of the child before making a decision. The court may issue a new order that modifies the existing visitation arrangement.

 

Impact of Changes to the Existing Visitation Agreement

• Adjustment Period: Modifications to the visitation schedule may require an adjustment period for both the child and the parents. It’s important to allow time for the new arrangement to become established.
• Revised Schedule: The new visitation schedule will replace the previous one, and all parties must adhere to the updated arrangement. This may affect previously planned activities and routines.
• Legal Implications: Once a modification is approved and the court order is updated, it becomes legally binding. Both parents are obligated to follow the revised terms, and non-compliance could result in legal consequences.
• Ongoing Review: If the modification is a temporary solution or if further changes are anticipated, it may be necessary to periodically review and adjust the visitation arrangement to ensure it continues to serve the child’s best interests.

 

 

Modifying a visitation agreement requires careful consideration and legal processing. Sacks & Sacks is prepared to help you regarding all of your child custody and visitation needs. Call today.

 

Source:

[1] Florida – divorce rate 1990-2021. (2024, July 5). Statista. https://www.statista.com/statistics/207147/divorce-rate-in-florida/