Jacksonville Child Visitation Lawyer

Skilled Representation for Child Visitation Disputes in Florida

In most situations, it is vital that both parents remain a significant part of their child's life. When it comes to child custody, most courts favor the option of joint custody. The goal is to have a parenting plan that allows the child to spend ample amounts of quality time with both parents. When sole custody is awarded to one party, the other individual will typically receive visitation rights. This is an allowance to spend designated time with their children. Sole custody is awarded when one member is observed as more suitable to care for the child than the other parent.

The visitation schedule should be designed to accord with both parent's schedules so that the custodial parent is not inconvenienced by the court order. If you have reason to believe that the other parent is unsuitable to even be around your child, you have the ability to request that the visitation times be supervised and limited. 

As a Jacksonville visitation lawyer, I can help you prepare a case to ensure that you can obtain visitation rights.

Going through a visitation dispute? Don't hesitate to reach out to Charles E. Willmott, P.A. to start discussing your case with our Jacksonville child visitation attorney today. 

How is Visitation Decided in Florida?

In Florida, visitation is determined by the court. A parent's time with the child or "time sharing" is roughly equal in many cases. The judge will also determine a visitation schedule according to various factors including which parent has been designated as the primary / custodial parent and what is in the best interest of the child. 

Generally speaking, the custodial parent often has the final say in disagreements over visitation, but when both parents cannot come to an agreement the court has to decide the schedule for them to follow.

How to Get Visitation Rights in Florida

To get visitation rights in Florida, you can file a petition with the court or reach an agreement with your child's other parent. Suppose you and your child's other parent can agree on a visitation schedule. In that case, you can submit a parenting plan to the court for approval.

Filing for Visitation Rights in Florida

Filing for visitation rights in Florida involves a series of legal steps to ensure that non-custodial parents or interested parties can maintain meaningful contact with a child. If you cannot agree on a visitation schedule, the court will hold a hearing and decide what is in the best interests of your child.

While the exact process may vary depending on the specific circumstances and local regulations, the following general guidelines provide an overview:

• Understanding Legal Standing: Determine if you have legal standing to file for visitation. This usually applies to parents, grandparents, or individuals who have established a substantial relationship with the child.
• Consultation with an Attorney: While not mandatory, consulting a family law attorney is advisable to navigate the legal complexities and understand your rights under Florida law.
• Filing a Petition: Prepare and file a petition for visitation rights in the appropriate Florida family court. The court will provide forms or you can create your own petition outlining your request.
• Serving the Other Party: Ensure that the other parent or custodian is properly served with the petition, providing them with notice of your request.
• Mediation: In many Florida jurisdictions, mediation is required before going to court. This is an opportunity for both parties to discuss and attempt to reach an agreement on visitation.
• Court Hearing: If an agreement cannot be reached through mediation, a court hearing will be scheduled. Both parties present their cases, and the judge will decide on visitation based on the child's best interests.
• Best Interests Evaluation: Florida courts prioritize the child's best interests when determining visitation. Factors considered include the child's age, health, relationship with each parent, stability of each household, and more.
• Visitation Schedule: If granted, the court will establish a visitation schedule outlining when and how visitation will occur. This schedule can be adjusted based on changing circumstances.
• Compliance and Enforcement: Once visitation rights are established, both parties must adhere to the court-ordered arrangements. Failure to comply can result in legal consequences.