Child Visitation Attorney in Tampa

How Florida Law Governs Time-Sharing

Florida Statute 61.13(3) lists factors lettered A through T that courts must consider when determining a time-sharing arrangement. These include each parent’s history of abiding by agreed schedules, the historical care of the child during the relationship and separation, each parent’s ability to provide a stable and healthy environment, any history of domestic abuse or parental alienation, and each parent’s involvement in the child’s schooling and health care. Factor T allows the court to weigh any other relevant consideration. Judges must make specific written findings on each factor, which means a thorough, well-presented record matters.

Florida’s public policy holds that children benefit from continuing contact with both parents and that parents should share decision-making in accordance with the child’s best interests. Every action involving minor children requires a court-approved parenting plan. That plan must address:

• The full time-sharing schedule, including holidays and summer
• Which parent’s address is used for school designation
• Rules on third-party caregivers
• Extracurricular activities and decision-making authority over education and health care

Greyson’s Law, which took effect in July 2023, requires Florida judges to formally consider domestic abuse and coercive control behaviors and their effects on the child when weighing parenting time. This is a statewide requirement that applies in all Florida family court proceedings, including those in Tampa.

Paternity, Grandparent Rights, & Enforcement

Not every visitation case starts from a divorce. Several distinct situations call for their own legal approach.

Unwed Fathers & Paternity

An unwed father has the same parental rights as a married father, including parenting time and a voice in decision-making. The difference is that those rights aren’t presumed. Before they can be enforced, paternity must be legally established through a signed Acknowledgment of Paternity or a court order. We help unwed fathers take the steps necessary to secure and protect their parental relationship.

Grandparent Visitation Rights

Florida law defines grandparent visitation rights narrowly. Under Florida Statute § 752.011, grandparents have a statutory right to seek visitation only when both parents are deceased, missing, or in a persistent vegetative state, or when one parent meets those conditions and the other has been convicted of a felony or an offense of violence that poses a substantial threat to the child’s health or welfare. When even one capable parent is present and denies access, grandparents have no statutory right to visitation. A Tampa child visitation lawyer can help grandparents understand what options, if any, exist under Florida law given their specific circumstances.

Enforcement & Contempt

When one parent stops following the court-ordered time-sharing schedule, the other parent can petition the court for enforcement. Florida courts may order makeup parenting time, impose fines, or modify the parenting plan. Repeated violations fall under the court’s contempt authority and can carry significant consequences for the non-complying parent. Any private agreement to change the schedule must be reviewed and approved by the court to be legally binding.

Modifying an Existing Time-Sharing Order

Courts don’t revisit parenting plans without cause. To modify an existing order, the requesting parent must show a substantial and material change in circumstances that affects the child’s welfare. Common triggers include:

• A significant change in a parent’s work schedule
• Evolving needs as the child grows
• A meaningful change in either parent’s living situation

Relocation is one of the more complex modification scenarios. Under Florida Statute § 61.13001, a parent who wants to move more than 50 miles away must seek court approval, show the move serves the child’s best interests, and present a revised time-sharing schedule. Courts weigh factors including educational opportunities, family connections in both locations, and the effect of the move on the other parent’s relationship with the child. In most contested modification matters, mediation is required before the court will schedule a hearing.