Parents of minor children who separate or divorce, must decide how living arrangements will look for their children. The law honors both parents’ role in the children’s lives, but parents sometimes have difficulty coming to agreement.

A South Miami visitation lawyer can provide valuable guidance. Our family law attorneys will take the time to understand your custody goals and work hard to help you achieve them.

The Law Reflects Changed Ideas About Family

At one time, when parents lived apart, mothers routinely provided a home for their children and fathers could spend limited time with them on weekends and school holidays. In the legal terms, the mother was usually granted custody and the father had visitation.

Times have changed, and so have the legal terms used to describe parent/child relationships when parents live apart. Physical custody is now often shared between the parents and is referred to as parenting time. Legal custody is now called parental responsibility, which means the authority to make decisions on behalf of the children on significant issues like education, healthcare, and religion.

The courts expect both parents to actively contribute to their children’s physical, emotional, and financial wellbeing. Judges consider the children’s best interests first when making any decisions impacting parenting time or parental responsibility. A South Miami attorney can help a parent understand how a judge might view a specific visitation proposal and keep them focused on supporting their children’s best interests.

Children Benefit From Relationships with Both Parents

Florida Statute § 61.13 is the governing law on custody matters. It declares a presumption that parenting time and responsibility shared equally between the parents is in the children’s best interests. However, the law also recognizes that an equal split is not feasible in some family situations.

Ideally, parents in South Miami work together to develop a parenting plan that allows both parents substantial parenting time and responsibility, even if the split is not equal. Parents know their children best, and each other’s strengths and weaknesses and can use that knowledge to create a plan that everyone in the family can live with. When parents do not agree and a judge must choose a plan, it is more likely that one or more members of the family will not adjust to it well.

Couples who communicate well can often negotiate a parenting plan together without outside help. Many couples use a mediator to facilitate negotiations and constructive communication. Parental visitation attorneys in South Miami often help parents negotiate parenting plans. The time, energy, and potential stress involved in developing a joint parenting plan are well worth the effort.

Limitations on Visitation Access

Sometimes, one parent wants to limit the other’s access to the children. When there is proof of physical violence, substance misuse, untreated mental health challenges, or similar safety concerns, courts may grant one parent sole legal and physical custody.

The other parent retains the right to information about the children and may spend time with them. A court can order visits to be supervised by another responsible adult, often a social worker or other trained professional. When the parent has addressed the concern that led to the limited parenting time, the parent can petition the court for increased access to the children and parental responsibility.

There is a heavy burden of proof for the parent who wishes to limit the co-parent’s exercise of their parental rights. A South Miami visitation attorney could pursue or defend an attempt to limit a parent’s access to their children.

Consult a South Miami Attorney About Visitation Issues Today

Parents typically value their relationships with their children above all else. When parents separate, deciding how to divide time and responsibility can be an emotionally difficult task.

Working with a South Miami visitation lawyer can make the process easier. The Florida Probate & Family Law Firm understands the law and what you can expect, easing your stress and providing valuable guidance. Schedule a free case evaluation with a member of our team today.

The Florida Probate & Family Law Firm N/a
The Florida Probate & Family Law Firm N/a
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