The Florida courts prefer that parents determine child visitation because voluntary schedules work better for the parties since they are the ones that are aware of their work schedules and personal schedules. If the parents cannot decide, then they will need to mediate the dispute. When no decision can be made through mediation, the court will make a determination based upon what is in the best interests of the child. The judge will hear testimony of the parents, family members, witnesses and the child in making a ruling. The judge will determine a visitation (time sharing) schedule, which determines the amount of time each parent spends with their child. The schedule will be incorporated into the parenting plan and final divorce decree.
Schedules
Visitation time sharing schedules can be determined by both parents or one parent, and must be approved by the Florida court. If the parents cannot come to an agreement, then the court will decide. There are different forms of child visitation schedules and arrangements depending on whether parents have joint custody, or whether one parent is named as the primary caretaker or has sole custody and the other has visitation rights. Schedules can vary as follows:
- Alternate weekend visitation with the non-custodial parent, including three-day holidays
- Mid-week visitation with the non-custodial parent
- Sharing of the child during school vacation
- Alternating holidays with parents
- Mother's Day with Mother, Father's Day with Father
- Alternating child’s birthday with parents
- Open telephone privileges with non-custodial parent
- Extra mutually agreed upon days without the need of a court order or court modification
Child visitation schedules are beneficial to the parents because they know how much time they can spend with their child. They are also beneficial to the child because it helps the child adjust to their new life style and gives them stability when they are staying at each parent’s home.
Changes or Modifications
If one parent needs to change the visitation schedule, they can ask the court to modify it. The court will only grant the modification if they find there has been a substantial change in the circumstances of the parent such as a job change, medical reasons, the parent is moving out of the area or the child’s needs have changed. If you are involved in a child custody, visitation or support matter, you should contact a family law attorney to make sure your rights are protected.
Legal Help
Child visitation matters can be stressful for the parents and the child if the parents cannot get along and agree on a visitation schedule to follow. If you are getting a divorce or you are already divorced and need assistance with child custody, visitation and support matters, you should consult with a family law attorney to help you resolve issues and represent you in court. A family law attorney is an expert in family law matters and can explain the laws to you. The attorney can help you with changes and modifications to family law and divorce court orders.
