SOUTH TAMPA VISITATION ATTORNEY

When parents of a child are separated or divorced, dividing custody and visitation can be challenging, and the child and both parents, as well as grandparents, siblings, and other loved ones may be affected by it. At the Law Offices of Mark G. Rodriguez, P.A., we understand that visitation is a complicated and emotional issue, and always consider your child’s best interests. If you are seeking visitation with your child or grandchild in South Tampa, please contact us today for confidential and effective legal services you can count on.

When parents are separating from one another (or are not together at the time of a child’s birth), they have the right and the option to work together to determine how custody of a child will be shared. Together, they can create a time sharing arrangement that, in order to be legally recognized, must be submitted to the court for approval.

When parents are not in agreement, they can submit two separate time sharing plans, and the court will be responsible for determining with whom the child should live and how custody should be divided. Florida law states that there is “no presumption for or against the father or the mother” for a time sharing arrangement, and that it is public policy that a child has “frequent and continuing contact with both parents.”

In some cases, a court may order that time sharing and parenting responsibilities are split equally between parents; if such an arrangement is not within the child’s best interests, the court may order that one parent has all parental responsibilities (full custody), but that the other parent has visitation rights.

Unfortunately, Florida law does little to recognize grandparents’ rights, with Florida code reading that grandparents can only petition the court for custody when a parent is missing, deceased, or in a persistent vegetative state and the other parent is a convicted felon or there is the threat of harm to the child.

The good news for all parties involved in a child visitation or custody dispute in Florida is that when a court makes a decision about child custody, it must do so based on the best interests of the child. A child’s best interests are determined in Florida by considering factors such as each parent’s willingness to foster a relationship between the child and the other parent, the physical and mental health of the parents, the home and community the child current maintains, the ability of each parent to fulfill a child’s physical and emotional needs, and more.