Tampa Visitation Attorneys

Resolving Visitation & Child Custody Matters

During a divorce, a family is forced to go through many decisions that can have serious and long term effects on their children, including which parent will receive custody and which will receive visitation rights. Not only do parents have emotional attachments that necessitate visits with their children, but every parent has the legal right to see their kids.

A Tampa visitation lawyer from Givens Law Group can help you protect your paternal rights by creating a fair time-sharing schedule with your ex-spouse. We are skilled mediators and have decades of combined experience.

To find out more about visitation rights and child custody in Tampa, call (813) 328-6159 today for a consultation of your case.

What is a Time-Sharing Schedule?

During the divorce procedure, you and your spouse will work out a child visitation arrangement that lays out when the non-custodial parent can spend time with their child. This document is called a “time-sharing schedule,” and it is required in all Florida divorces with minor children.

A visitation agreement can involve various periods of time, such as a few hours each day or even multiple days in a row. The agreement you arrange with your spouse can be customized to meet your family's unique needs.

Here are the most common types of time-sharing schedules in Florida:

50/50 Time-Sharing Schedule

This schedule is often referred to as equal time-sharing, where the child spends an equal amount of time with each parent. Common variations include:

• Week-On, Week-Off: The child alternates between spending a full week with one parent and the next week with the other.
• 2-2-3 Schedule: The child spends two days with one parent, two days with the other, and then three days with the first parent, alternating weekly.
• Alternating Weeks with Midweek Visit: The child alternates weeks with each parent, but one parent gets a visit (or overnight stay) midweek.

Majority Time-Sharing

In this arrangement, one parent has the child for the majority of the time, while the other parent has a smaller percentage of parenting time. Common schedules include:

• Every Other Weekend: The child lives primarily with one parent and visits the other parent every other weekend (typically Friday evening to Sunday evening or Monday morning).
• Extended Weekends: The noncustodial parent may have longer weekends, such as Friday after school to Monday morning.
• Midweek Visit: The noncustodial parent might have an additional evening or overnight visit during the week.

Long-Distance Time-Sharing

When parents live far apart, courts often create a schedule that accommodates the distance. Common examples include:

• Extended Holiday or Summer Visits: The noncustodial parent may have longer blocks of time, such as the majority of summer break, school holidays, or spring break.
• Reduced Frequent Visits: Parenting time may be concentrated during school vacations or other convenient periods to limit frequent travel for the child.

Custom or Rotating Schedules

If standard schedules do not suit the family’s circumstances, courts may approve custom arrangements, such as:

• Work-Based Schedules: Designed around a parent's irregular or shift-based work schedule.
• Unique Rotations: Parents may create a highly specific rotation (e.g., four days with one parent, then three days with the other).

Holiday and Special Occasion Time-Sharing

Most time-sharing schedules also include provisions for holidays, birthdays, and special occasions. Parents might alternate holidays yearly (e.g., Thanksgiving with one parent in odd years and the other in even years) or split the holiday (e.g., Christmas morning with one parent and the evening with the other).

The overriding principle in Florida is the child’s best interests, considering factors like the child’s age, health, school schedule, and the parents’ ability to cooperate.

Getting a Parenting Plan Approved in Florida

In Florida, visitation is established as part of a parenting plan. Florida law emphasizes the child’s best interests and encourages both parents to have frequent and meaningful contact with their child. Here's an overview of the legal process:

1. Filing a Case in Court: To begin, one parent files a petition in family court as part of a divorce, paternity, or modification case. The petition must include a proposed parenting plan that outlines visitation and parenting time arrangements.
2. Establishing Legal Paternity (if necessary): If the parents are unmarried, the father must establish legal paternity before seeking visitation rights. This can be done by signing an Acknowledgment of Paternity or obtaining a court order in a paternity case.
3. Creating a Parenting Plan: A parenting plan is required in Florida to define how parents will share time and decision-making responsibilities for the child. It includes a time-sharing schedule, holiday arrangements, and methods for communication between parents.
4. Mediation (if needed): If parents cannot agree on visitation terms, Florida courts typically require mediation. In this process, a neutral mediator helps parents negotiate a Parenting Plan before proceeding to a court hearing.
5. Court Hearing (if no agreement is reached): If mediation fails, the case goes to a hearing where a judge decides based on the child’s best interests. The court considers some of the following factors:
   • The child’s best interests (as defined by Florida law).
   • The child’s relationship with each parent.
   • The parents’ ability to cooperate and communicate.
   • Each parent’s involvement in the child’s life.
   • The child’s age, health, and educational needs.
   • Any history of domestic violence, abuse, or neglect.
6. Enforcing Visitation Orders: Once approved, the parenting plan becomes a court order, and both parents must follow it. If one parent violates the order, the other can file a Motion for Contempt to enforce visitation and request make-up time.
7. Modifying Visitation: If circumstances significantly change, either parent can request a modification of the time-sharing schedule. The court will approve changes only if they serve the child’s best interests.

Why Hire Our Tampa Visitation Lawyers?

At Givens Law Group, our legal team has over a century of collective experience to help you with all aspects of your divorce from the beginning to the end. When working with our firm, you can rest more easily knowing that we will strongly advocate your rights and the best interests of both you and your children. We understand that this will be a delicate time and your emotions are fragile with so much at stake, which is why we will work with you in the utmost discreet and professional way possible, while offering you a compassionate and caring shoulder to lean on.

Contact a Tampa visitation lawyer from our office to find out how we can help you!