When you became a parent, you probably rearranged your life as your priorities shifted. Along with ensuring that your kids are healthy and happy, your goal is to spend as much time as possible with them. When parents do not live together, they need to share custody of their children, sometimes with one parent retaining primary physical custody and the other parent having visitation rights.
To ensure you maintain a close relationship with your children, you should consult with a West Miami visitation lawyer. We have experienced family law attorneys to help you reach a custody arrangement that works well for everyone involved.
Overview of Parental Visitation Rights
Florida courts look at all parents the same way. There is no presumption that a mother or father is more suitable to spend time with their child and current Florida law states the default parenting plan for all families should be equal time-sharing of custody between both parents. Sometimes, equal timesharing does not work out easily, perhaps because one parent lives too far away from the child’s school or works irregular or long hours. In those situations, one parent might have primary physical custody.
When one parent has primary physical custody of the child, the other parent should have the right to reasonable visitation to maintain their parental bond and develop a meaningful relationship with their child. Local courts generally refer to a noncustodial parent’s visitation rights as “parenting time” because they do not consider parents to be visitors.
If a parent wants to ensure they set up a healthy visitation schedule with their child, they should consult with a West Miami attorney to discuss the process.
When Might a Judge Deny Visitation Rights?
Local courts do not want to completely deny a parent’s visitation rights. They want children to grow up having frequent contact with both parents. If one parent feels the other parent should have restricted visitation or no visitation rights at all, they can request a court hearing where both sides present evidence to support their case.
A court will likely only deny parenting time with a child if the Judge determines that the visitation would somehow hurt the child either physically or emotionally. For instance, the Judge might determine whether a parent should have restricted or no parenting time if they have a history of alcohol or substance abuse, or if there is evidence of domestic violence, including physical, sexual, or psychological abuse.
A qualified West Miami lawyer can help a parent gather and present evidence to support why visitation should be denied – or help a parent make the case for why they should be allowed frequent visits.
Call a West Miami Visitation Attorney for Legal Advice Today
As a parent, you care about making sure your child is safe and happy. If you believe your child would not be safe when visiting their other parent, you need to work with a dedicated legal team. Similarly, if you believe you are being wrongly denied parenting time with your child, The Florida Probate & Family Law Firm advocates for your right to see your children.
Whatever the issue, our highly respected legal team knows how to help. Call a West Miami visitation lawyer today to set up a free case evaluation concerning your family law dispute.