Child Custody Laws in Florida: Visitation

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    • During a divorce, parents in Florida must abide by a parenting plan, a plan that establishes which parent has primary custody of the minor children and how often the noncustodial parent has visitation. The parenting plan also states which parent, or whether both parents, will be legally responsible for the child, which includes making medical and education decisions for the child. Noncustodial parents have a right to visitation, but how much visitation is determined on a case-by-case basis. In some instances, grandparents also have a right to visitation in Florida.

    Visitation Rights

    • Florida law guarantees the noncustodial parent reasonable visitation rights. Florida courts encourage the child's parent to come to an agreeable visitation schedule. If the parents cannot come to an agreement, however, Florida courts will set a visitation schedule. In Florida, there is no standard court-ordered visitation schedule. Visitation schedules are determined on a case-by-case basis.

    Factors for Visitation

    • When determining a visitation schedule, the court will consider the age of the children, the relationship the child has with the noncustodial parent, the relationship between the parents, where the visitation will take place and how far the visitation location is from the child's home, the school schedule of the child, any special needs of the child and the child's preferences where possible.

    Grandparent Visitation

    • In Florida, grandparents have a right to visitation with their grandchildren if visitation would be in the best interests of the minor child. When determining whether grandparent visitation is in the best interests of the child, the court considers the child's relationship with his grandparents, the relationship between the child's parents and grandparents, the reasons why the child's parents were not permitting the grandparents visitation, the needs of the child, the distance between the child's home and the grandparents home, and the health of the grandparents.

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