This blog explains how the judges, and court officials make decisions regarding visitation. This information basically implies and false divorce and paternity cases. A good child support modification attorney trained in Family Law will point certain areas of law out to you.  You’re not married and only wish to attend the visitation order you can still use the procedure outlined in the law. If you are married additional visitation should be raised in your divorce. Divorce case there are procedures for obtaining temporary visitation.  If you are looking for a quick divorce, unfortunately, this is not the blog for you.

Visitation is the time a child spends with a parent who is not designated the Primary Residential parent. They can be any length of time, from a few hours per week, to an entire summer. Visitation for him to be in the child’s best interest, and it will be up to the parent with custody to prove, otherwise if he or she wants visitation, it may be limited or denied. Unlike the areas of custody and support, there are no Florida statutes that set forth any criteria are outlines for visitation. The Florida legislature has left this subject up to the judges.

The most kind of visitation schedule, is one with alternate weekends and one weekday each week. In addition to the weekly visitation, it is common for the court to set a visitation schedule sharing holidays, School vacations, birthdays, other important events.  It’s also a special days example given, you have to shop for Thanksgiving this year, then the other parent will have visitation of Thanksgiving next year. The following is a list of holidays you may want to consider a proposed visitation schedule. Some of these are listed because they are days that the schools in Florida, clothes, and others are to remind you of other days that may be important to you or your child.

  • Your child’s birthday
  • Your birthday
  • Your spouse’s birthday
  • Labor Day
  • Rosh Hashanah
  • Yom Kippur
  • Columbus Day
  • Halloween
  • Thanksgiving Day
  • Hanukkah
  • Christmas Eve
  • Christmas Day
  • School Christmas vacation
  • New Year’s Eve
  • New Year’s Day
  • Martin Luther King, Jr. Day
  • President’s Day
  • Valentine’s Day
  • St. Patrick’s Day
  • Easter
  • School spring vacation
  • Passover
  • Mother’s Day
  • Father’s Day
  • Fourth of July
  • Other relatives’ birthday
  • Other non-school days
  • Summer vacation
  • Any other holiday or day that is important to you, the other parent, or your child.

Be sure that even a New York attorney in Divorce law can guide you through this grueling process.  Or else, you can be left in the dark, clueless about what is going on.

HIV and AIDS

The court may not deny shared parental responsibility, custody, or visitation rights to a parent solely because that parent is or is believed to be infected with HIV; but the court may condition such rights upon the parent’s agreement to observe measures approved by the Centers for Disease Control of the U.S. Health and Rehabilitative Services for preventing the spread of HIV to the child.  [Fla Stat Section 61.13(6).]  Be sure to question your Child Custody Attorney focusing on Family Law, to find out if this has changed.

SEPARATION OF SIBLINGS

Siblings should not be separated except for compelling reasons and in the best interests of the children.  [Munson v. Munson, 702 So 2d 583 (Fla 2d DCA 1997); Wade v. Hirschman, 872 So 2d 952 (Fla 5th DCA 2004) (where court had initially ordered split rotating custody and it was established at modification proceeding that split rotating custody plan had failed and is doomed to future failure, court was free to redetermine custody based on considerations in section 61.13, as though it was making initial determination of custody; court was not required to apply substantial change in circumstances standard); Naidu v. Naidu, 854 So 2d 705 (Fla 3d DCA 2003) (where mother who had received primary custody of two children, entered into agreement with father for children to temporarily live with father in Arizona for one year, trial court did not abuse its discretion in extending temporary custody and maintaining status quo pending resolution of father’s petition; there was ample evidence, including testimony from children’s psychologist, that it was in younger child’s best interest not to be seperated from his older sister, whose relationship with her mother was difficult and whom mother agreed could stay with father, hence court’s order conformed to principle of causing least amount of disruption in child’s life.  Naidu v. Naidu, 854 So 2d 705 (Fla 3d DCA 2003), Where mother who had received primary custody of two children, entered into agreement with father for children to temporarily live with father in Arizona for one year, trial court did not abuse its discretion in extending the temporary custody and maintaining the status quo pending the resolution of the father’s petition.  There was ample evidence, including testimony from the children’s psychologist, that it was in the younger child’s best interest not to be separated from his older sister, whose relationship with her mother was difficult and whom the mother was difficult and whom the mother agreed could stay with the father, hence the court’s order conformed to the principle of causing the least amount of disruption in child’s life.

THE COURT CANNOT DIRECT PARTIES’ CHILDREN TO COMPLY

The parties’ children are not parties to the action, cannot be directed to follow the court’s order, and cannot be subjected to contempt powers of the court if they disobey the court’s order.  A very good attorney in child custody will be well aware of this, and shouldn’t charge you extra if they have to research this area of law.