Child Visitation Attorney in Sarasota, Florida

If you're struggling with creating or modifying an existing child visitation plan in Sarasota, Florida, Coyne Law is here to provide the legal guidance and support you need. 

Understanding the emotional and legal challenges that come with securing a fair visitation arrangement, Attorney Whitney C. Coyne is committed to advocating for your parental rights while assuring the best interests of your child are upheld. 

Whether you're seeking to establish, modify, or enforce a visitation schedule, Coyne Law offers personalized and compassionate family law services designed to help you achieve a positive and lasting resolution. Let an experienced Sarasota child visitation attorney help you work through the process with confidence and peace of mind.

How Is Child Visitation Determined?

When parents divorce or separate, the court's first priority is always the best interest of the child. In Florida, this is the guiding principle when determining time-sharing and visitation. 

The court will look at a range of factors to decide what visitation schedule will work best for the child, including:

• The child's relationship with each parent: Courts will consider the emotional bond between the child and each parent, and whether one parent has been the primary caregiver.

• The child's preferences: In some cases, a child’s preference is considered, particularly if the child is old enough and mature enough to express a preference. However, this is just one of many factors and not the determining factor.

• The mental and physical health of the parents: The physical and mental health of the parents plays a significant role in visitation determinations. A parent who suffers from substance abuse issues or mental illness might not be granted the same visitation rights as one who is mentally and physically healthy.

• The ability of the parents to communicate: Effective co-parenting is crucial for a child’s well-being. Courts will evaluate the parents’ willingness and ability to communicate and cooperate in decision-making.

• The stability of the home environment: Stability in the home environment of each parent is essential for the child’s well-being. This includes the child’s emotional stability, the living conditions, and the presence of other household members.

• Each parent’s willingness to support the child’s relationship with the other parent: A parent who attempts to alienate the child from the other parent may face limited visitation or time-sharing privileges.

• History of domestic violence or abuse: If there's a history of domestic violence, abuse, or neglect, this will heavily influence the court’s decision. Courts take child abuse allegations very seriously and may impose supervised visitation or limit time-sharing in such cases.

Florida courts strive to make sure that children maintain healthy relationships with both parents when considering visitation arrangements.

Types of Visitation Arrangements

There are several common types of time-sharing arrangements, which can be modified over time with the help of a Sarasota child visitation attorney depending on the child’s needs and circumstances.

• Equal time-sharing: This is when the child spends roughly equal time with both parents. It can take various forms, such as alternating weeks or splitting time within each week (e.g., half the week with one parent and the other half with the other). Equal time-sharing is encouraged but isn't always feasible for every family, especially if there are significant logistical barriers or a history of conflict between the parents.

• Primary residential parent with visitation: In this arrangement, one parent is the primary residential parent, meaning the child lives with them most of the time. The non-custodial parent typically has scheduled visitation time. This is often seen in cases where parents have difficulty co-parenting or where one parent lives farther away.

• Supervised visitation: If the court determines that one parent poses a danger to the child or isn't able to care for the child unsupervised, supervised visitation may be ordered. Supervised visitation involves a neutral third party (a family member, social worker, or professional service) being present during the visit to assure the child’s safety.

• Holiday and vacation visitation: Parents often work out special time-sharing arrangements for holidays, birthdays, and vacations. This allows the child to spend significant occasions with each parent. Some families alternate holidays, while others divide them in a way that allows each parent to spend time with the child on different holidays each year.

• Virtual or remote visitation: In situations where in-person visitation isn't possible or feasible, courts may order virtual visitation. This includes regular video calls, phone calls, and other forms of remote communication. Virtual visitation can be particularly important for long-distance parenting arrangements.

A Sarasota child visitation attorney can help you determine which visitation plan may be ideal for your child as well as your own lifestyle. Attorney Whitney C. Coyne can also help create a parenting plan, which is a critical component of any divorce or separation.

Parenting Plans

A parenting plan details the agreed-upon time-sharing arrangements, including which parent the child will live with, how time will be divided between both parents, and the method for making significant decisions regarding the child’s welfare.

Florida law requires that the parenting plan include the following:

• Time-sharing schedule: Specifies the daily, weekly, and holiday time-sharing schedule.

• Decision-making responsibilities: Describes how major decisions about the child’s welfare (e.g., health care, education, religion) will be made.

• Method for resolving disputes: In case of disagreements, the parenting plan outlines how the parents will resolve disputes, which may include mediation or other dispute resolution methods.

• Transportation arrangements: How the child will be transported between the parents' homes.

Even if the parents don't agree on all aspects of the parenting plan, they're required to present one to the court, and the court will help finalize the details. If parents can't agree, the court will make a decision based on the child’s best interests. However, visitation schedules and time-sharing arrangements aren't set in stone.

Modifications to Visitation

Life circumstances change, and what might have been an ideal arrangement at the time of the divorce or separation may no longer work as the child grows or as the parents' lives change.

In Florida, modifications to child visitation or time-sharing can be made under the following circumstances:

1. Substantial change in circumstances: A parent must show that there has been a significant change in circumstances since the original order was made. This could be anything from a change in the child’s needs to a parent moving out of state or a parent developing health issues.

2. Best interest of the child: Any modification to a visitation schedule must still meet the test of being in the best interest of the child. If a parent’s behavior or circumstances have changed to the point that a new arrangement would better serve the child, the court may modify the existing order.

3. Request for modification: Either parent can request a modification, but they must present evidence that justifies the change. The other parent has the right to contest the modification.

4. Parenting plan review: In Florida, parenting plans are often reviewed after a certain period (e.g., every two years) to make sure they remain in line with the child’s best interests. This can also be a time for parents to make modifications to their time-sharing arrangement if needed.

While modifications to these arrangements can be made with the help of an experienced Sarasota child visitation attorney, it's important to keep in mind that a visitation schedule is legally binding once it's been established.

Enforcement of Visitation Orders

If one parent violates the terms of the visitation schedule, the other parent can seek enforcement through the court. Enforcement options include:

1. Contempt of court: A parent who refuses to comply with the court’s order may be held in contempt, which can lead to fines, modification of the visitation order, or even jail time in extreme cases.

2. Mediation: If there's a dispute over visitation, the court may order the parents to attend mediation to resolve the issue before taking further legal action.

3. Modification of the order: If one parent consistently violates the visitation order or fails to abide by the terms of the parenting plan, the court may modify the visitation schedule, which may include limiting or supervising visitation.

It's in your best interest to work with a Sarasota child visitation attorney to help make sure that your visitation schedule stays enforced or, depending on the circumstances, is modified to suit your needs and needs of your child.