One of the things that divorcing parents worry about the most is the impact their break up will have on their children. For kids, splitting one household into two doesn’t just mean a new home, new school, or new lifestyle, it also means splitting their time between two households.
As a parent, you want to do anything in your power to protect your kids during this tumultuous time. And one of the best ways you can do that is by being prepared yourself.
In this article, we’ll talk about everything you need to know about visitation rights in Florida so you and your kids can be well-equipped for the road ahead.
WHAT ARE MY VISITATION RIGHTS IN FLORIDA?
Many people believe that each parent is required to spend an equal amount of time with their children. Others think that the mother will “always” be given more custody and visitation rights than the father.
Both of these beliefs are untrue!
Under Florida family law, every parent is simply entitled to “frequent and continuing contact” with their children. How this plays out in your child custody case will differ from the arrangements of another family.
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HOW IS VISITATION DETERMINED?
When a couple with children gets divorced, the state mandates that they complete a Florida Parenting Plan with a detailed time-sharing schedule. This schedule—also known as a visitation or parenting time schedule—specifies the amount of time that a child will spend with each parent.
Once both parents agree to a parenting time schedule, a court judge will review and approve it.
The law understands that every family is unique and that there is no formula that works for everyone. Instead, the court is responsible for arriving at a visitation schedule that is in the best interest of the child—not the parents.
While 50/50, or joint, custody is preferred, there is an understanding that it doesn’t work for everyone. If your court judge believes that your time-sharing schedule is not in the best interest of your child, they do not have to approve it, even if both parents agreed.
The judge may determine that one parent (known as the custodial parent) will receive primary custody or even sole custody.
FLORIDA CHILD VISITATION GUIDELINES
Because child custody laws leave much of these decisions to the judge’s discretion, there are a number of factors judges will consider when awarding custody and visitation, including but not limited to:
- Each parents’ relationship with the child(ren);
- How likely each parent is to honor the time-sharing schedule and be flexible with changes;
- The expected division of parental responsibilities;
- Travel time and geographical limitations;
- Moral, mental, and physical health of the parents;
- The preference of the child(ren);
- Developmental and special needs of the child(ren);
- Parents’ abilities to provide a consistent routine;
- Safety and security of the child(ren).
If there is any evidence of domestic violence, child abuse, or substance abuse, a court may presume that shared custody and visitation would be harmful to the child. Otherwise, our court judges must make some provision for visitation—even if your spouse is incarcerated.
Florida Law does allow a court judge to deny overnight visitation if a parent lives in a recovery residence, but even then, this may be reconsidered if the judge believes it to be in the best interest of the child.
STANDARD VISITATION SCHEDULES
Because every family is unique, a “standard” visitation schedule does not exist.
However, the particular court judge assigned to your case may have a standard visitation schedule that he or she prefers to use. Every court judge is different, and an experienced family law attorney should be able to provide you with some insight.
You might hear or read references to visitation schedules such as:
- 2-2-3
- 2-2-5-5
- 3-4-4-3
These are all shorthand ways to describe certain types of visitation schedules. For example, a 2-2-3 schedule is a 50/50 schedule where your child spends two days with one parent, two days with the other parent and three days with the first parent. Then, it switches for the following week.
A 2-2-5-5 visitation schedule is where your child spends two days with each parent and then five days with each parent.
There are many other effective visitation schedules that may work best for your children.
CAN A VISITATION SCHEDULE BE MODIFIED?
Every effort is made to end up with a fair and equitable schedule from the beginning. That being said, visitation schedules can be modified in response to a significant change in your circumstances.
Again, these changes will only be approved if the court believes they are in the child’s best interests.
WHAT IF A PARENT DOESN’T FOLLOW THE VISITATION SCHEDULE?
Parenting plans are a legally binding court order and should be treated as such.
If your co-parent is refusing you to have contact with your children, they can be held in contempt of court. It’s very important to note that your visitation schedule has no connection to your alimony or child support payments and you cannot deny visitation simply because you haven’t been paid.
CAN MY CHILD REFUSE VISITATION?
Although judges will often consider the wishes and preferences of the children, minors in Florida do not have the same right as adults. Therefore, they cannot refuse to visit one of their parents.
Exceptions and modifications can be made if that is in the child’s best interest (for example, if you suspect child abuse, neglect, or endangerment).
OVERNIGHT VISITATION REQUIREMENTS
If you aren’t accustomed to spending nights apart from your child, it can be very hard to make that transition.
Some mothers of infants believe that the father should not have overnight visitation with their child because men are not equipped or skilled enough to care for an infant. Moreover, some mothers also believe that fathers should not have overnight visitation with their daughters who are under a certain age.
However, Florida law does not support either of these positions and states that a court may not deny a parent overnight contact and access to or visitation with a child solely because of the age or sex of the child.
Some parents also believe that the other parent should not have overnights with their child because he or she does not have a “stable residence” with a separate sleeping area for the child. Florida law states that denying a parent overnight visitation until he or she secures a stable residence with a separate sleeping area for the child is too vague and unnecessarily restrictive.
If you have specific reasons to be concerned about your child’s health or safety, this is something to discuss with a visitation attorney.
DO GRANDPARENTS HAVE VISITATION RIGHTS?
Some grandparents want custody and visitation in cases where a child is living with them. However, this is unconstitutional and violates a natural parent’s fundamental right to raise his or her child.
With a couple of rare exceptions that involved extraordinary circumstances, there are no visitation rights to anyone other than a parent.
PICK UP AND DROP OFF (EXCHANGE LOCATIONS)
Some parents are incapable or unable to be civil when exchanging minor children with the other parent. To minimize the ongoing parental conflict, some visitation exchanges with minor children happen in public places, such as fast-food restaurants or grocery stores.
Your circumstance may be such that exchanges at your respective residences will work perfectly well.
HOW DOES RELOCATION AFFECT VISITATION?
If the parents are not in agreement regarding one parent relocating his or her residence more than 50 miles from their current residence, the parent wishing to relocate must file a Petition for Relocation.
The Petition must contain certain specific elements, including a proposal for the revised post-relocation visitation schedule.
CONTACT AN ORLANDO VISITATION LAWYER TODAY
Divorce is the one of the most stressful events someone will ever experience. In addition to the emotional impact, you also have to navigate the Florida child visitation guidelines.
Having a lawyer on your side to help you identify your rights and responsibilities is essential. Remember that in most cases, both parents have visitation rights in Florida and both of you are entitled to spend quality time with your children.
Divorce and divorce-related situations is all we do here at Leap Frog Divorce. We’re ready to help you today, and we have financing options.
Call us today at 407-890-7021 or send us a message. Just let us know what you need help with, and we will contact you quickly!
