Visitation Rights in Florida

In Florida, visitation is addressed through time-sharing and a parenting plan focused on the minor child’s best interests. Courts favor both child’s parents’ 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’s ability to foster a continuing parent-child relationship, honor schedules, prioritize the child’s 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’s custody.

When parents with children separate, child-rearing can get complicated. This article explores child custody and visitation issues and explains the state laws you can turn to for guidance.

Custody and Visitation Rights in Florida

In Florida, custody and visitation rights are determined based on the best interests of the child. 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 and legal custody. 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.

Florida courts 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.

Time-Sharing Schedule

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.

Florida law not only allows but encourages parents to design their own parenting plans. 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.

Florida Visitation Laws: Summary

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.

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Note: 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 consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Florida Child Visitation Rights: Related Resources

• Florida Child Custody Laws
• Custody or Visitation Interference
• Grandparent Visitation Rights

Discuss Visitation Rights with a Florida Attorney

Creating a parenting agreement that is best for the specific needs of your child can be difficult to achieve. It helps to get meaningful insight from a skilled professional. To gain insight into your visitation rights or custody case, talk to a Florida family law attorney for legal advice.