Visitation

In Marion County the Court has adopted visitation guidelines to help parties resolve issues dealing with visitation. However, these guidelines presuppose the following:

1. That both parties are agreeable to this type of visitation
2. That visitation is in the best interest of the children
3. That there is not a domestic violence injunction in place
4. That parties can abide by the agreement
5. That the child was not born out of wedlock or there is an order establishing paternity
6. That the child will be safe and cared for during the visit
7. That both parties live inside the state.

Unfortunately, all too often these presumptions are incorrect. Sometimes the father of a child born out of wedlock finds that he cannot have visitation because the court has yet to enter an order of paternity establishing him as the father. In such cases, the father needs to file a petition to establish paternity with the court before visitation rights are awarded.

Parents should understand that if there is an existing visitation order in place that certain rules apply. Every parent should understand the importance of complying with an existing visitation order and should be aware of the following:

1. When a noncustodial parent who is ordered to pay child support or alimony and who is awarded visitation rights fails to pay child support or alimony, the custodial parent shall not refuse to honor the noncustodial parent's visitation rights. F.S. 61.13
2. When a custodial parent refuses to honor a noncustodial parent's visitation rights, the noncustodial parent shall not fail to pay any ordered child support or alimony. F.S. 61.13
3. When a custodial parent refuses to honor a noncustodial parent's visitation rights without proper cause, the court shall, after calculating the amount of visitation improperly denied, award the noncustodial parent a sufficient amount of extra visitation to compensate the noncustodial parent, which visitation shall be ordered as expeditiously as possible in a manner consistent with the best interests of the child and scheduled in a manner that is convenient for the person deprived of visitation. In ordering any makeup visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child or children and that is convenient for the noncustodial parent. In addition, the court:
1. May order the custodial parent to pay reasonable court costs and attorney's fees incurred by the noncustodial parent to enforce their visitation rights or make up improperly denied visitation;
2. May order the custodial parent to attend the parenting course approved by the judicial circuit;
3. May order the custodial parent to do community service if the order will not interfere with the welfare of the child;
4. May order the custodial parent to have the financial burden of promoting frequent and continuing contact when the custodial parent and child reside further than 60 miles from the noncustodial parent
5. May award custody, rotating custody, or primary residence to the noncustodial parent, upon the request of the noncustodial parent, if the award is in the best interests of the child; or
6. May impose any other reasonable sanction as a result of noncompliance.

F.S. 61.13

If you want to discuss modification of an existing visitation order or are interested in exercising or obtaining visitation rights, contact our office to schedule a consultation.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.