Father’s Rights to Visitation in Florida

(Time Sharing)

Florida Visitation Laws Are Now Time Sharing Laws.

It is important you understand

Florida's laws regarding father's rights for visitation (time sharing).

Visitation (timesharing) is the schedule of time that the parents spend with his/her child (ren). It is important that you know your rights. The amount of timesharing that you receive with the children will affect your child support payments as well. As a parent you are divorcing your spouse usually because you do not get along, but you are not divorcing your children. It is extremely important that you talk to a knowledgeable family law attorney to discuss a timesharing schedule that works for you and your family.

It is a lot easier to change a current Order for visitation (time sharing) with your child(ren) then to change a prior custody (time sharing schedule) or parenting plan) determination. You and your ex-spouse can agree on a change of the visitation schedule but you must get the agreement (parenting plan) approved by the court before it will be enforceable.

Children's Needs Change

The needs of children change as they grow older.

As children get older, their needs change. Parents change jobs and their ability to adhere to the visitation (time sharing) schedule changes. Oftentimes the visitation (time sharing) determination becomes impossible to follow , this can be done to changes in the schedule that are beyond your control. Children need consistency and most times these changes can be addressed amicably. Other times some parents demand that the court Ordered visitation be strictly adhered to. These issues need to be addressed immediately.

You must speak to a family law attorney as soon as possible so that your rights can be protected. When an attorney gets involved sometimes a simple letter to the custodial parent explaining the changes that have occurred and suggesting a new schedule of visitation can make all the difference.

 

 

 

 

Common Visitation Problems

Bitter Parental Relationships

Additionally, some parents are still bitter after the divorce. This bitterness toward the non-custodial parent affects their ability to properly parent. Oftentimes this causes problems with the non-custodial parent's timesharing with his/her child (ren). It is the custodial parent's responsibility according to Florida law to encourage and foster an ongoing relationship with the non-custodial parent. If the custodial parent is incapable of performing that responsibility the non-custodial parent might have to resort to the court for help, either for enforcement of the visitation that is ordered, as well as sanctions (penalties) against that parent. The court can change the custody (Time Sharing) of the child (ren) for interference with a parent's visitation (time sharing) rights.

Visitation Rights Interference

Interference with visitation (time sharing) rights is an ongoing problem for our courts. The court can give the parent make-up visitation (time sharing) for the time that they missed, fine the non-conforming parent, Order community service, as well as Order a change in the parenting plan.

Parental Alienation

Parental alienation occurs when a parent intentionally does not honor the other parent's visitation rights. Oftentimes the child(ren) are taught to become unjustly obsessed with negative qualities of the other parent. Both the parent and the child share antagonistic views of the other parent. The child sometimes will tell the parent that he/she does not want to visit with the parent. This is usually done by the child at the insistence of the other parent. Oftentimes visitation (time sharing) becomes chronically interfered with. The one sabotages the relationship between the other parent and the child. The parent must take action through the court. Contacting a family law attorney as soon as possible to discuss the problems is imperative. The parent should keep a diary of all the denied visitations (time sharing) as well as the denied telephone calls, holiday visits that were denied, denial of the parents ability to partake in the medical, educational and welfare of the child(ren).

Third Party Solutions

In these cases the visitation (time sharing) schedule must be spelled out as specifically as possible. The use of third persons for pick-up and drop-offs so that they can document any problems that occur. A neutral location for the pick-ups and drop-offs can be put in place to eliminate the custodial parent making false allegations as to what occurred during the pick-up and drop-off. The order can direct that a law enforcement officer can monitor the pick-up and drop-off and if the custodial parent does not follow the Order the officer can arrest that parent. Have school personnel provide the non-custodial parent with information regarding the child(ren)'s educational records. These are some of the things that the court can Order to help enforce prior Orders and to help with future visitations (time sharing) with your child(ren).

 

The Factors that the Court Must Consider in Developing a Parenting Plan

When the parents cannot agree on a parenting plan, the court will make the decision for them after considering the totality of the circumstances, with the overriding consideration being the child's best interests. To make that determination, the court considers the following factors:

The demonstrated capacity and disposition of each parent to facilitate and encourage a close and continuing parent-child relationship, to honor the time-sharing schedule, and to be reasonable when changes are required

The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

The demonstrated capacity and disposition of each parent to determine, consider, and act upon the needs of the child as opposed to the needs or desires of the parent.

The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child.

The moral fitness of the parents.

The mental and physical health of the parents.

The home, school, and community record of the child.

The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.

The demonstrated knowledge, capacity, and disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

The demonstrated capacity and disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought

Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

The demonstrated capacity and disposition of each parent to participate and be involved in the child's school and extracurricular activities.

The demonstrated capacity and disposition of each parent to maintain an environment for the child which is free from substance abuse

The capacity and disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

The developmental stages and needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

Any other factor that is relevant to the determination of a specific parenting plan, including the time-sharing schedule

 

How do I get started?

Custody is a complicated and difficult area of family

law.  If you want to get into court in order to discuss the

custody of a minor child, you have two possibilities:

1. Hire an attorney or apply for free legal

Services . 

If you are directly represented by an attorney,

your attorney will create and file the necessary

paperwork.

2. Represent yourself. 

If you file paperwork without

an attorney, or  pro se, you must use paperwork

developed by the Florida Supreme Court which is

available, for a small charge, at your local courthouse or

through the Third Circuit Court Administration office.

This same paperwork is provided at no cost by the

Florida Supreme Court on the internet at

www.flcourts.org. 

 

What does “custody” mean?

“Custody” actually has two components:

!Parental responsibility. Parental responsibility is

about decision-making for major decisions in the child’s

life.

 

 “Sole” means that one parent makes all of the

decisions, while “shared” means that the parents consult

and inform each other of major decisions.

 

Primary Physical Residence and visitation. The

primary physical residence is where the child stays the

majority of the time.  Often, one parent will often have

primary physical residence of the child, while the other

parent has visitation with the child.

 

What about “joint custody”?

“Joint custody” can mean that the parents have

shared parental responsibility.  It may also mean that the

parents split the physical residence of the child 50/50 so

that neither parent has the child the majority of the time.

 

Who has legal custody of the

child if....The parents are not married?

 If the parents are not married, and there is no custody order

or judgment, then the biological mother of the

child is presumed to have full legal custody of

the child. Florida Statute §744.301.  

 An  unwed father does not have a right to legal custody

without a court order.

 

If there is a custody order.

 If there is any

custody order, then that order determines the

legal custody/visitation of a minor child.

 

If the parents are married but separated.

If the parents are married but separated, and

there is no custody order, then both parent

have equal rights to custody of the child, even

if the child has been residing for any length of

time with just one of the parents.

 

What about step-parents?

Step-parents have no legal rights to the child of a spouse

unless the step-parent has adopted the child, or

unless, in rare and special circumstances, a

court order awards custody to the step-parent.

What about grandparents?

 Grandparents do not have legal rights to a grandchild unless

through adoption, or, in rare and special

circumstances, by a court order

 

What paperwork do I file to

“get custody”?

If you are asking for custody, you must

request it within one of the types of cases

listed below. How do I file for custody if I

am....

 

An unmarried parent.

 If you were never married to the other parent of your minor

child, you must file a Paternity packet, which

you may request from the clerk or Court

Administration.

 In a paternity action, you can

ask for custody, visitation, and child support.

 

A married parent.

 If you are married to the

parent of your minor child, you must file for

divorce in order to establish custody, visitation

or child support for that minor child.  You

should ask for a Dissolution of Marriage with

Dependent or Minor Children packet.

 

What if I already have a court

order establishing paternity

and/or custody?

 

A Divorced Parent

 If you are already

divorced from the other parent of your minor

child, and you wish to change the

custody/visitation arrangement, you must ask

for a Modification of Custody or Visitation

And Other Relief packet. 

 

An unmarried parent.

 If you already have

a custody order, you should ask for a

Modification of Custody or Visitation And

Other Relief packet if you want to ask the

court to change a custody/visitation

arrangement.

 

Where can I go for help?

For a small charge, your local

courthouse can provide you with the

forms to file with the court.  The clerks

at the courthouse cannot tell you which

packet to choose and cannot offer any legal advice.

Low income legal assistance for fathers seeking custody

• ·         Jacksonville Area Legal Aid Public Service Project

 126 W Adams St Jacksonville, FL 32202-3849

Telephone: 904-356-8371 Fax: 904-353-5831

 

• ·         FLORIDA COASTAL SCHOOL OF LAW

 

8787 Baypine Road, Suite 255 Jacksonville, FL 32256

 Telephone: (904) 680-7782

 

 

Paid Attorneys that specialize in Fathers rights ; for Fathers seeking custody and or visitation of their child:

 

• ·         Smith & Haine, P.A.

519 Newnan Street, Jacksonville, FL 32202-3121

904-450-5651                   

• ·         Law Office of Molly Lewis Sasso

11512 Lake Mead Avenue, Suite 801, Jacksonville, FL 32256

877-399-7626                   

• ·         J. Demere Mason, P.A.

8130 Baymeadows Way West, Jacksonville, FL 32256

Expert Representation In Divorce, Family Law, Alimony, Child Custody, Support and Visitation Matters

• ·         Law Offices of Jonathan A. Zahler, P.A.

1830 Atlantic Boulevard, Jacksonville, FL 32207-3404

904-425-9646                   

 

• ·         The Law Office of A. Sam Jubran, P.A.

871 Cassat Avenue, Jacksonville, FL 32205

877-335-7707                   

• ·         Wood, Atter & Wolf, P.A.

333-1 East Monroe Street, Jacksonville, FL 32202-2834

888-331-9185