Parents who are not awarded majority or equal timesharing rights through a court order generally still have a right of access. However, there may be exceptions in certain cases, such as those involving severe substance abuse, criminality, or domestic violence.
Establishing a parenting plan that works for your family and satisfies the court can be challenging. If you have any questions about your rights or would like help setting up a legally enforceable agreement, a Miramar visitation lawyer from our firm could help. A skilled family law attorney could even help you modify an existing visitation agreement.
Florida does not legally recognize the term “visitation.” State law refers to both “child custody” and “visitation” rights between separated parents as timesharing. Typically, the court places the initial burden of establishing a timesharing schedule on the parents. According to Florida Statutes 61.13(2)(b), a parenting plan must include all the following pieces of information for a court to recognize it as valid:
The court will review this agreement to confirm it address all these matters and ensure the terms of the plan serve the child’s best interests. The child’s best interest is determined by their physical, emotional, and social needs, as well as each parent’s capacity to meet those needs. A dedicated attorney could help Miramar residents draft a parenting plan that addresses visitation and complies with state law.
Once a court approves a timesharing plan, all the terms in that schedule will remain in effect indefinitely, unless or until the court sees fits to modify those terms in some way. If one party to a parenting plan experiences a change in circumstances so dramatic that the old schedule no longer serves their child’s best interests, they may petition the court formally for a modification. However, the court usually does not grant such a modification unless the change in circumstances was substantial, material, and unanticipated since the last Court order.
The petitioning parent must prove that the change had a significant effect on the efficacy of the parenting plan. Additionally, they must show that there was not enough forewarning to adjust their behavior and make the existing plan workable. A skilled lawyer could help parents prove the necessity of the modification to visitation within a timesharing agreement.
Negotiating with your child’s other parent over visitation rights can be an emotionally exhausting experience, especially if the two of you are not in agreement about what is best for your child. Even if you agree on most things, it can still be difficult to understand state law regarding timesharing plans.
Assistance from a seasoned Miramar visitation lawyer could make a world of difference in your case. Call our firm today to schedule a private consultation.
