Fort Lauderdale Child Visitation Attorneys
Child visitation arrangements are one of the most contentious parts of divorce. Children need the support of both parents to grow as well-rounded individuals despite the fact their parents will no longer be together after the divorce. If they are unable to reach their other parent, it can affect their well-being, especially if they had a strong relationship with them before the divorce.
However, creating a visitation arrangement that can work for both parties while ensuring the child’s best interest is considered can be tricky without legal assistance. Florida also has extensive laws to help courts determine the best arrangement for you and your children.
Fortunately, with Fort Lauderdale Divorce Attorneys’s talented team of Fort Lauderdale child visitation lawyers, you can access legal support that will help you get the best child visitation arrangement. We can also help you use the right legal options that will allow you and the other parent to seek modification or enforcement. Whenever you need our legal support, you can trust us to respond and personalize our services accordingly to match your situation.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Child Visitation Lawyer.
Time-Sharing Arrangements in Florida
Child visitation arrangements in Florida can be found in the time-sharing schedule included in the parenting plan. The schedule indicates when the child can spend time with each parent. The time-sharing arrangement can be discussed by both parents during the settlement or have it submitted before the court for them to decide. Courts emphasize that these time-sharing schedules are essential and must prioritize the child’s best interests and help strengthen parent-child relationships. They will also use various factors to help polish the time-sharing schedule to make it fair for all parties.
Here are some of the common schedules used for child visitation or time-sharing arrangements:
- Equal time-sharing
- Majority/minority time-sharing schedules
- Summer break/Holiday schedules
If your child visitation case is in Fort Lauderdale, FL, we will assign one of our experienced child visitation lawyers to assist you. Our team can help you understand the factors the court will use to determine if you should be given visitation rights and fight for it should the other party deny access to your child. We can also help you work on an ideal visitation schedule or time-sharing schedule which you and the other parent can work with.
Visitation for Grandparents, Relatives, and Third Parties
Grandparents, relatives, and third parties related to the child or the parents can be given child visitation rights in various circumstances, but it does get challenged often. Under Florida’s state law, grandparents may obtain visitation rights when both parents are alive regardless of their current marital status, whether married, divorced, or never married. They may also get visitation rights if one parent deserted the child.
However, visitation is not granted after the death of a parent. Some courts may also rule that visitation rights cannot be granted if it is not in the child’s best interest.
Regarding relatives and other parties, it will depend on the court if such rights will be granted or not. It can be a legal battle for step-parents, especially if the child’s biological parents are alive and do not approve the request. It may only be approved if it is in the child’s best interest. Relatives may be specified to have child visitation rights, but the court can overrule it.
For special situations where parents of a child or a guardian are stripped of their parental rights, or they gave up a child for adoption, they will not be able to request visitation rights. This clause is also applicable to previous guardians.
Fort Lauderdale Divorce Attorneys can look into your situation to determine what legal options are available so you can see the child without facing legal issues. If it applies to your situation, we can also represent you in court to fight for your rights.
Child Visitation Modification
After signing the original parenting plan, it is possible that the circumstances of either parent change, which will require a change in the existing plan. In Florida, the court must approve any modification to the time-sharing plan. Parents will have to file their respective petitions before the court, and a hearing will be held to determine if the reasons for the change request are valid.
Some of the circumstances that can cause a change in the parenting plan include:
- The child is living in a harmful environment
- One parent is not following the current plan
- The parent is unfit to take care of the child
- One parent is relocating
- One parent has a criminal conviction
- The child’s needs changed (ex.: education, health, and others)
- The parent has a job change that affects the time they can spend with the child
There are instances where the time-sharing order is modified without a full hearing, such as in emergencies. The court may use different standards to determine what an emergency is. It is usually successful if the child is in serious or at high risk of abuse or neglect from the other parent. Our Fort Lauderdale, FL family law firm is always ready to help you request a modification to the visitation arrangement, whether you are the non-custodial parent or the custodial parent. We can also help you collect evidence or documentation needed by the courts to consider your request and contest the request if it is not good for your situation.
Child Visitation Enforcement
It is not always guaranteed that all parties will agree to the court-ordered parenting plan and enforce it accordingly. Some parents may refuse to honor the agreement by not allowing the other parent to see their child, others may fail to follow it for whatever reason, and a few may even ignore it together despite their roles as parents. Florida has several laws to ensure that these parents are punished according to the law based on their violations.
If the parent refuses to follow the time-sharing agreement without providing reasons, the court can order make-up time. Make-up time is based on the child’s best interest and for the parent who did not violate the ruling. The violating parent may also be asked to pay the other parent’s legal fees because they had to go to court to enforce the time-sharing agreement. Further penalties, such as mandatory parenting courses and community service, may also be ordered by the court. Contempt of court can even be requested if the violation is severe.
Our Fort Lauderdale child visitation lawyers at Fort Lauderdale Divorce Attorneys can assist you in preparing the evidence to show that the other parent has failed to follow the time-sharing agreement and let the court know about it. We will also represent you during the court proceedings to fight for your ideal result.
Talk To Our Legal Experts Today
As a parent, it is crucial that you do your best to maintain your connection with your children even if you get divorced. Your presence in their life will be key in helping them grow to be exceptional members of society. They will also have a strong relationship with you for the rest of your life.
With Fort Lauderdale Divorce Attorneys, you don’t need to worry too much about understanding the complex procedures the court will use to determine visitation plans, their modification, and enforcement. We will ensure that you are ready for any result and plan accordingly so you can meet the visitation arrangements set by the court.
Call Fort Lauderdale Divorce Attorneys at (954) 371-2993 for your Consultation with a Fort Lauderdale Child Visitation Lawyer.