{"id":372671,"date":"2018-05-18T05:42:41","date_gmt":"2018-05-18T10:42:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/florida-law\/visitation-rights-in-florida.html"},"modified":"2025-08-13T13:05:11","modified_gmt":"2025-08-13T18:05:11","slug":"visitation-rights-in-florida","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/florida-law\/visitation-rights-in-florida.html","title":{"rendered":"Visitation Rights in Florida"},"content":{"rendered":"\n
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Visitation Rights in Florida<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Jordan Walker, J.D.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In Florida, visitation is addressed through time-sharing and a parenting plan focused on the minor child\u2019s best interests. Courts favor both child\u2019s parents\u2019 active involvement, often encouraging joint legal custody and substantial time-sharing. When one parent has primary physical custody, the other receives a court-approved schedule to maintain a meaningful relationship. Parenting plans should spell out routines, holiday and summer schedules, and pick-ups and drop-offs. Judges evaluate numerous best-interest factors, such as each parent\u2019s ability to foster a continuing parent-child relationship, honor schedules, prioritize the child\u2019s needs, and ensure stability. Plans can be modified only upon a substantial, material, and unanticipated change in circumstances. Grandparents and step-grandparents may obtain reasonable visitation when a child is adjudicated dependent and removed from a parent\u2019s custody.<\/i><\/blockquote>\r\n

When parents with children separate, child-rearing can get complicated. This article explores child custody<\/a> and visitation issues and explains the state laws you can turn to for guidance.<\/p>\r\n

Custody and Visitation Rights in Florida<\/b><\/h2>\r\n

In Florida, custody and visitation rights are determined based on the best interests of the child<\/a>. The state emphasizes the importance of both parents being actively involved in their child’s life. There are two main types of custody in Florida: physical custody<\/a> and legal custody<\/a>. Joint legal custody allows both parents to share parental responsibility and make significant decisions regarding the child’s welfare. Physical custody pertains to where the child primarily resides.<\/p>\r\n

Florida courts<\/a> encourage joint physical custody whenever possible. This ensures substantial parenting time with both parents. In cases where one parent is awarded sole physical custody, the non-custodial parent is granted a visitation schedule to maintain a meaningful relationship with the child. This approach aims to balance the custody rights and parental rights of the child’s parents while promoting the child’s overall well-being.<\/p>\r\n

Time-Sharing Schedule<\/b><\/h2>\r\n

Florida refers to custody arrangements and visitation as "time-sharing." Parents must establish responsibilities for the everyday duties related to raising a child. This includes the time-sharing schedule arrangements that specify the time the child will spend with each parent. In other states, this is referred to as a visitation schedule.<\/p>\r\n

Florida law not only allows but encourages parents to design their own parenting plans<\/a>. These plans should include specific details such as pick-up and drop-off times to ensure clarity and consistency. If parents cannot agree on a schedule, the court will establish one. The court-ordered schedule ensures both parents’ legal rights are upheld, promoting a balanced and cooperative approach to raising the child.<\/p>\r\n

Florida Visitation Laws: Summary<\/b><\/h2>\r\n

Understanding the letter of the law of any statute is crucial. However, reading a plain language version can also assist in truly comprehending the law. The chart below provides a short summary of the state of Florida’s visitation rights statute.<\/p>\r\n

<<\/p>\r\n\r\n

Florida Visitation Laws Statute<\/b><\/p>\r\n<\/th>\r\n

Florida Statutes Title VI<\/b>

Factors Affecting Visitation Rights in Florida<\/b><\/p>\r\n<\/th>\r\n

All decisions establishing, approving, or modifying a parenting agreement must be made in accordance with the best interests of the child. Factors that affect the welfare and interests of the child are evaluated. The factors include, but are not limited to:<\/p>\r\n

Florida Parenting Plan Inclusions <\/b><\/p>\r\n<\/th>\r\n

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  • Residential Schedule<\/b> (everyday schedule): When the child is with each parent on weekdays and weekends<\/li>\r\n
  • Holiday Schedule:<\/b> Shows which parent is with the child for holidays<\/li>\r\n
  • Summer Vacation Schedule:<\/b> Shows when the child is with each parent during summer vacation<\/li>\r\n<\/ul>\r\n<\/td>\r\n<\/tr>

Florida Visitation Plan Modifications<\/b><\/p>\r\n<\/th>\r\n

Modification of a parenting plan and time-sharing schedule requires a showing of a substantial, material, and unanticipated change of circumstances. Drug relapses or a significant relocation of a spouse would qualify.<\/p>\r\n<\/td>\r\n<\/tr>

Grandparent Visitation Rights in Florida<\/b><\/p>\r\n<\/th>\r\n

In Florida, grandparents are entitled to reasonable visitation<\/a> of their grandchild in limited circumstances, such as when both parents are deceased, missing, or in a persistent vegetative state, or when one parent meets those conditions and the other has been convicted of a violent offense causing serious injury or death of the other parent.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note:<\/b><\/i> State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please <\/i>consult an attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Florida Child Visitation Rights: Related Resources<\/b><\/h2>\r\n