When parents decide to live separately, they must plan how to raise their minor children. Although the traditional terms like custody and visitation are not in general use anymore, the same concepts apply. Parents must decide where their children will live, and, if they live primarily with one parent, determine how often the other parent will spend time with them.
It is always better for everyone when parents can agree on a plan without the court’s intervention, but it is essential to work with a family law attorney who understands the way Florida courts apply the law. A Coral Gables visitation lawyer from our firm can help you understand how courts address these issues.
The Law Provides Equal Rights to Parenting Time
In the past, mothers almost always got custody of the children, and fathers had limited visitation time—sometimes only two weekends a month. The policy in Florida is now to afford each parent as much time with the children as their schedules allow, provided there is no issue of abuse, neglect, or similar concerns.
Even the vocabulary the law uses has changed. What used to be called physical custody is now called parenting time, and it is often shared equally or roughly equally between the parents. When the children live with one parent most of the time, the other parent has parental time sharing, which used to be called visitation.
The legal system encourages parents to work together to develop a plan that covers parenting time, time sharing, and parental responsibility for decision-making. Parents and children typically adjust best to a plan created by the parents with their family’s specific needs in mind. An attorney in Coral Gables can help parents negotiate a visitation plan and review it to ensure it meets legal requirements.
How Courts Apply the Best Interests Standard
Judges will review the parenting plan before issuing it as an enforceable court order. The judge has the legal obligation to evaluate the plan and determine whether it serves the children’s best interests. The judge can reject, amend, or replace a plan that they feel does not meet the best interests standard.
Florida Statute § 61.13(3) describes some of the factors a judge can consider when deciding whether a plan serves the children’s best interests. Some of the factors a judge can consider include:
- Each parent’s mental and physical health, and moral fitness;
- The parents’ willingness to support the children’s close relationship with the other parent;
- The stability and suitability of each parent’s home;
- Each parent’s ability to put the child’s needs first;
- Each parent’s capacity to provide structure, discipline, and routine in keeping with the children’s needs and abilities;
- The children’s preferences, if the children are mature enough to make a reasoned decision.
When domestic violence, substance abuse, criminal activity, or child neglect has been an issue in the home, judges will emphasize the children’s safety when making parenting time or visitation decisions.
Judges have considerable discretion to consider these and any other factors that seem relevant to their decision. However, an experienced Coral Gables attorney has a good sense of when a visitation plan is likely to meet the best interests standard. Their review can help parents identify potential weaknesses in their plan and make appropriate changes, when necessary.
Visitation for Non-Parents
Only a child’s legal parent has the right to parenting time. This can sometimes lead to distressing situations that cause a child to lose contact with someone that was previously important to them.
Parents often agree to allow the children to continue to see grandparents, aunts, uncles, cousins, and other extended family members. However, when one or both parent objects to continuing contact, relatives who were once close to a child may be cut off.
Grandparents and other relatives can petition a court for an order to spend time with the children over the parents’ objection in some limited circumstances. The relative seeking contact must prove that preventing the contact will be harmful to the child. An extended family member who is considering petitioning a court for visitation should consult with a Coral Gables attorney to determine whether they have a viable case.
Consult a Coral Gables Attorney About Visitation Matters Today
Time with your children is invaluable. When negotiating parenting time and visitation, you need experienced legal support to protect your rights and your child’s well-being. The Coral Gables visitation lawyers at The Florida Probate & Family Law Firm are here to guide you. Schedule a free case evaluation today to get started.