Tampa Child Custody & Visitation Rights Lawyer

When parents divorce, they face tough questions regarding where their children will live and who will provide care. At the Law Offices of K. Dean Kantaras, P.A., our attorneys provide clients in the Tampa, Clearwater, and Palm Harbor areas with the adept legal counsel necessary to manage these difficult and emotional circumstances. Contact our firm today to schedule a consultation.

We're ready to help you fight for custody. Contact us now to get started!

How the Florida Court Views Parental Responsibility

Florida statutes do not use the term "child custody." Instead, the law refers to "parental responsibility." It presumes that both parents should share decision-making and caregiving responsibilities unless this arrangement would be detrimental to the child. Sole parental responsibility is only awarded if the court believes the other parent poses a threat to the family.

The right to make major decisions about a child's well-being was once known as "legal custody." Florida child custody law refers specifically to the sharing of parental responsibility for education and child care. The court will also address other issues that may be relevant to your family's situation, such as religious upbringing and discipline. Instead of "visitation," Florida family law uses the term "time-sharing," so as not to imply that the noncustodial parent is only a visitor rather than family. A temporary determination of parental responsibility, including time-sharing, may be made while the divorce proceedings are still ongoing.

How Do You Determine a Time-Sharing/Visitation Arrangement?

When evaluating a custody arrangement, courts apply many factors to determine a child's best interest:

• Nature of the relationship that each parent has with the child
• Cooperation level of the parents
• Ability of each parent to meet the basic and specific needs of the child
• Work schedule and financial resources of each parent
• Where each parent lives
• Physical and mental health of each parent
• Any evidence of domestic violence, abuse, or neglect
• How long the child has lived in a stable home
• Performance of the child in school
• Preference of the child

Florida courts expect divorcing parents to create a parenting plan that includes a time-sharing schedule and explains how they will meet the needs of their minor child.

The state guidelines take the distances between the parents into consideration and anticipate various circumstances, including:

• The ages of the children
• Weekday and weekend visitation
• Holidays
• Annual vacations

If the parents cannot come to an agreement-or if a judge determines the schedule they establish does not meet state guidelines-the court can dictate the schedule. Even if one parent is given sole parental responsibility, the other parent is usually still eligible for frequent, meaningful visitation under a time-sharing agreement.

Can a Child Choose Not to Visit a Parent in Florida? 

Since parental responsibility and timeshare orders are enforced by Florida law, a child younger than 18 is legally required to oblige by the terms.

What Can You Do if You're Being Denied Visitation with Your Child?

If you're being denied visitation with your child in Florida, there are several steps you can take to address the situation:

• Review the Court Order: Ensure you understand the specific terms and conditions outlined in the visitation order. Sometimes, misunderstandings can lead to disputes.
• Document the Denial: Keep detailed records of the dates, times, and reasons given by the other parent when visitation is denied. This documentation can be critical if you need to go to court.
• Communicate with the Other Parent: Try to discuss the issue calmly and constructively with the other parent. There are times when direct communication can help resolve misunderstandings or miscommunications.
• Seek Mediation: Consider mediation as a way to resolve disputes without going to court. A neutral third party can help both parents come to an agreement regarding visitation.
• File a Motion with the Court: If the other parent continues to deny visitation, you can file a motion to enforce the visitation order. The court can enforce the existing order or modify it to better suit the child's needs.
• Consider Legal Representation: If you need assistance navigating the legal process and ensuring your rights are protected, consider consulting a family law attorney.
• Potential Consequences for the Other Parent: The court may impose penalties on the parent denying visitation, such as fines, changes in custody arrangements, or mandatory counseling.

Taking these steps can help you assert your rights and ensure that your child benefits from a healthy relationship with both parents. Let our Tampa visitation attorneys guide you through the process.

Do Grandparents Have Visitation Rights in Florida?

Grandparents may be eligible for visitation under certain circumstances, such as the child being removed from the parents' home and becoming a dependent of the state.

Protect Your Parental Rights & Your Child's Interests: Call Our Tampa Bay Firm

Contact a board-certified Tampa Bay attorney to address your child custody concerns. Our team has been serving Florida families for 59 collective years. We understand that child custody is often the most emotionally charged issue in a divorce. You need to choose a capable Florida attorney to assert your parental rights!

For skilled legal representation, call the Law Offices of K. Dean Kantaras, P.A. at (727) 939-6113 or contact us online now.