How Does Visitation Work in Florida?

Navigating visitation rights in Florida can be complex, especially when emotions run high during divorce or separation. Visitation, often referred to as time-sharing, involves scheduling the time a non-custodial parent spends with their child. The primary goal is to ensure the child's best interests while maintaining meaningful relationships with both parents.

Creating a fair visitation schedule requires cooperation and compromise from both parents. The court may intervene if parents cannot agree, ensuring the visitation plan serves the child's best interests. Understanding the intricacies of Florida's visitation laws can help parents navigate this process more smoothly, fostering a positive co-parenting relationship and promoting their child's well-being.

Types of Visitation in Florida

Florida law recognizes several visitation arrangements designed to maintain strong parent-child relationships while considering practical logistics and the child's best interests. Let’s take a closer look at how visitation may be assigned in Florida.

Standard Visitation

Standard visitation usually involves the non-custodial parent spending time with the child every other weekend, often from Friday evening to Sunday evening.

This schedule provides regular, predictable time for the non-custodial parent to maintain a meaningful relationship with the child. In addition to alternate weekends, standard visitation often includes a midweek visit, typically a few hours on a designated weekday evening.

Extended Visitation

Extended visitation allows the non-custodial parent longer, continuous periods with the child, especially during school vacations or holidays.

This type of visitation is common in situations where the parents live far apart, or the custodial parent’s work schedule necessitates extended childcare. It can include several weeks during summer vacation and extended time over winter or spring breaks.

Holiday Visitation

Holiday visitation schedules are designed to ensure both parents share special occasions with their child. These schedules often involve alternating major holidays each year, such as Thanksgiving, Christmas, and New Year's.

For example, the child might spend Thanksgiving with one parent in odd-numbered years and the other in even-numbered years. Birthdays, Mother's Day, and Father's Day are also considered in holiday visitation schedules.

Split-Week Visitation

Split-week visitation divides the child's time more equally between both parents. For example, the child might spend Monday through Wednesday with one parent and Thursday through Sunday with the other.

This arrangement works well for parents who live relatively close to each other and can facilitate frequent exchanges. Split-week schedules can promote a balanced relationship between both parents but require careful coordination and communication.

Supervised Visitation

Supervised visitation is necessary when there are concerns about the child's safety or well-being while in the care of one parent. During supervised visitation, a third party, such as a family member, social worker, or a professional supervisor, monitors the interaction between the parent and child.

Courts may order supervised visitation in cases involving allegations of abuse, neglect, substance abuse, or other issues that could endanger the child.

Virtual Visitation

Virtual visitation allows parents to maintain contact with their child through video calls, phone calls, and other electronic means. This type of visitation is particularly useful when parents live far apart or when in-person visits are not feasible.

Virtual visitation ensures that the non-custodial parent remains involved in the child's life, even from a distance. It can supplement in-person visitation and provide additional opportunities for regular communication.

Flexible Visitation

Flexible visitation caters to parents with irregular work schedules, such as those working in healthcare or emergency services. These parents may need a visitation schedule that adapts to their changing shifts.

Flexible visitation requires a high degree of cooperation and communication between parents to ensure the child's routine remains stable while accommodating the parent's work commitments.

Modifying Visitation Arrangements

Life circumstances change, and visitation schedules may need adjustments to reflect these changes. Either parent can request a modification to the visitation plan if a significant change in circumstances occurs.

Common reasons for modification include:

• Changes in work schedules
• Relocation
• Changes in the child's needs

To modify a visitation arrangement, the requesting parent must demonstrate that the change is in the child's best interests. The court will review the proposed changes and consider how they impact the child's stability and routine. Cooperation between parents can simplify this process, but the court will intervene if necessary to ensure the child's welfare remains the priority.

Addressing Visitation Disputes

Addressing visitation disputes promptly and constructively is essential. Mediation is a valuable tool for resolving conflicts outside of court. A neutral third party helps parents communicate effectively, identify common ground, and develop mutually agreeable solutions.

If mediation fails, the court may step in to resolve the dispute. The judge will review the case, consider the child's best interests, and decide based on the evidence presented. It's crucial to approach court proceedings focusing on the child's welfare rather than personal grievances.

Parents should strive to maintain a cooperative co-parenting relationship, even when disputes arise. Open communication, flexibility, and a willingness to compromise can help resolve conflicts amicably, ensuring the child's well-being remains the central focus.

Do You Need Legal Assistance?

When you have a legal matter involving visitation to resolve, you need an experienced legal advocate on your side. A seasoned attorney like ours at Dale L. Bernstein, Chartered Law Office can provide the personalized representation you need to establish, modify, or dispute visitation in Florida.

Learn more about the legal options available to you. Contact us today to get started.