Child Visitation Florida
The Florida Statutes and Family Code give clear information about how child custody cases are handled in the state. Title 6, Chapter 61: Dissolution of Marriage, Support, and Custody contains the specific information about the laws and guidelines that determine child custody arrangements. In this chapter, it states that the parenting plan must “describe in adequate detail…the time-sharing schedule arrangements that specify the time that the minor child will spend with each parent”. This means that Florida law places the utmost importance on a good child custody and visitation schedule. As parents make this time-sharing schedule, they must familiarize themselves with parts of the custody laws. Here are some laws that can help parents create their schedule.
1. The parents must both have adequate time with the child. Chapter 61 states that the minor children should have “frequent and continuing contact with both parents after the parents separate”. So, when a mother and father create a custody schedule, they should be sure to give enough time to both parents to be with the child. A Florida court will not accept a schedule where one parent is given all of the time. Parents should look at the needs of the children and figure out how to best allow both parents to be involved. The law further encourages parents to share all aspects of childrearing. To do this, each parent should have long enough visits to bond with the children and to perform different responsibilities and be involved in different aspects of the childs life.
2. Each parent has an equal right to custody of the child. Chapter 61 gives the guarantee that Florida has no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule. Sometimes a mother will feel that she should automatically get custody of the children, or a father doesnt feel like he even has a chance to get custody or fair visitation. The court will not automatically grant custody to the father or mother just because they are the father or mother of the children. There is also no preference for any type of time-sharing schedule. This means that parents need to base all of their custody decisions on what is best for the children and come up with the schedule that way.
3. There is a presumption for shared custody. Chapter 61 also requires that the court order the parents to have shared custody unless there is ample evidence that shared custody would harm the child. Parents should do everything in their power to work together on the custody and visitation schedule so that the parental responsibilities are shared. If they cant work together, a parent shouldnt expect the court to easily accept a schedule that doesnt have shared parenting time. If a mother or father doesnt want the other parent included in the childs life, there must be good reasons and evidence why.
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