Florida Child Custody and Child Visitation Issues concerning Florida child custody and visitation rights often need to be addressed in Florida courts, complicating an already difficult and emotional process. While most Florida courts hope that each parent can come to an amicable agreement regarding child custody and create a reasonable visitation schedule, many parents cannot come to a compromise. As such, Florida courts will intervene and determine child custody and the visitation rights of any noncustodial parents. In doing so, courts in Florida will ultimately do what is in the child’s best interests by looking at a number of factors. These factors and other relevant provisions of Florida law are provided below. It is important that you consult a Florida child custody attorney when going through the child custody and visitation rights process. Florida Child Custody When determining child custody in Florida, courts aim to make determinations that reflect the best interests of the child. In doing so, courts will try to adhere to Florida public policy - children should continue to have frequent and ongoing contact with both parents after divorce. There is no presumption in favor of the mother or father when determining child custody or visitation rights. Florida courts prefer to award joint custody to parents (shared custody of the child) unless they find that allowing both parents to be involved would be detrimental to the child’s best interests. Factors that Florida courts consider when determining a child’s best interests include (non-exhaustive):
If there is evidence that a parent was convicted of a domestic violence misdemeanor of the first degree or higher, the court will assume that his or her custody of the child would be detrimental to the child’s best interests. If the parent does not contest this assumption, then custody may not be awarded to the convicted parent. Due to the great importance of child custody proceedings, it is imperative to hire a Florida child custody attorney before going to court. Florida Child Visitation Rights A noncustodial parent’s (the parent without custody) rights to visit and spend time with his or her child are referred to as Florida child visitation rights. Unless detrimental to a child’s interests, the noncustodial parent will get reasonable visitation rights in Florida. Florida courts offer somewhat unique methods of creating parenting plans and visitation schedule. One unique form is having a court-ordered psychologist develop a parenting plan. After an assessment of the situation, the psychologist will propose a parenting plan to the court. When doing so, there is a presumption that the psychologist has created this plan in good faith and without bias. The court has the option of whether to adopt the parenting plan. Another unique method is the involvement of a parenting coordinator. A parenting coordinator works with the child and his or her parents to create or implement a parenting plan. Together, they will make recommendations and ultimately create a parenting plan that is in the child’s best interests. This parenting plan, however, must be within the scope of the court’s child custody and visitation order. Once a parenting plan and visitation schedule is implemented, it cannot be changed unless a substantial and relevant change of circumstances would otherwise necessitate a change in custody or Florida visitation rights. Any questions regarding Florida parenting plans or Florida visitation rights should consult with a Florida child custody attorney with relevant expierence.
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