Timesharing / Visitation Rights

Florida Presumes that Both Parents Should Be Involved

The State of Florida has a standing presumption that both parents should be involved in their children’s lives. This presumption informs Florida law and the decision-making processes in Florida courts. Timesharing (also referred to as “visitation” in other jurisdictions) occurs when parents physically spend time with or reside with their children. When couples separate, they need to develop a parenting plan whenever they share children together. One part of this parenting plan is the “parental responsibility” side, which essentially covers the key decisions and responsibilities of raising a child. The other part is timesharing.

Parents Can Develop Their Own Timesharing / Visitation Plans

Just like many other aspects of a divorce, parents can create their own parenting plan independently and then submit it to the court for review. Or, they can develop a parenting plan with the professional assistance of a mediator. If parents cannot develop a plan on their own, or with the help of a mediator, then they may need to create a plan through litigation. In many cases, parents can have approximately equal amounts of time with the child; in other cases, one parent may have the majority of the time. Parents can create timesharing schedules that harmonize with their professional demands.

If the court becomes involved in the parenting plan creation process, then the court will initially defer to certain prearranged timesharing plans. But the court can also modify a plan if there is a compelling reason. Importantly, if there is evidence of domestic violence, this will result in a loss of timesharing rights for the perpetrator. Also, supervised timesharing may be ordered if a judge has a reason to believe that such supervision is necessary for the child’s safety.

Timesharing / Visitation Plans Must Meet the “Child’s Best Interests” Standard

Timesharing plans must be consistent with the “best interests of the child” standard. This is the same standard that governs the other aspects of child custody in Florida. As mentioned, Florida starts with the principle that joint timesharing is in the child’s best interests; evidence will need to be presented in order to overcome this presumption. When reviewing or developing a timesharing plan, a judge will look for certain well-known factors which have significance. A few of these factors are as follows:

• The mental, physical and emotional health of each
• The ability of each parent to create a safe and nutritional environment for the child
• The ability of each parent to honor the timesharing plan and respond or adapt to changes
• The preference of the child if the child is at an appropriate age
• The past conduct of each parent with respect to parenting
• Any history of abandonment, neglect, or domestic violence

These are just a few of the known factors which carry weight in these types of analyses. Simply put, a judge can alter any timesharing plan if the judge believes it would be in the child’s best interests to do so. This is true even if the parents develop a timesharing plan independently and submit it to the court. Judges will perform a global analysis of a couple’s situation and make a determination which best responds to the circumstances.

The Family Matters Law Firm has over 25 years of experience serving families in Miami. We strive to assist our clients with all aspects of the divorce and separation processes, including conflict resolution, therapist referrals, and finance management referrals. We will help you divorce yourself from the fight and find peace of mind as you make a fresh start.

Call us today at The Family Matters Law Firm at (305) 701-2901 or contact us online to schedule a strategy session for legal advice with a legal separation attorney in Miami, FL.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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