In Florida, “denial of visitation rights” refers to the unlawful prevention of a parent from exercising their court-ordered time sharing with their child. A parent’s visitation rights and schedule will typically be outlined in a parenting plan that has been approved by the court during divorce or child custody proceedings.
If one parent refuses to comply with the plan, such as by withholding the child or interfering with the other parent’s scheduled visits, then they may be violating a court order, which can have serious legal consequences.
It is important to note that Florida courts prioritize the “best interests of the child” when determining visitation arrangements between a custodial parent and noncustodial parent. This is specifically codified in Florida Statutes Section 61.13.
That statute governs parental responsibility and time sharing, emphasizing that both parents should have frequent and continuing contact with their children unless such contact would be harmful.
Once again, denial of visitation without legal justification, such as concerns about abuse or neglect, can lead to enforcement actions, modifications of custody, or even contempt proceedings being brought against the parent violating the plan.
If a parent is denied their right of visitation, they may petition the court to enforce the parenting plan. Legal remedies available to them can include makeup time, fines, or changes to custody. In extreme cases, the offending parent may even face criminal penalties under Florida law.
For example, Rule 33-601.717 of the Florida Administrative Code addresses visitation denial in correctional settings, but the principle of enforcing lawful visitation applies broadly across family law contexts.
What Are Some Common Reasons for Denying Child Visitation to a Parent in Florida?
As mentioned above, in Florida, visitation can often be denied when a parent’s behavior poses a threat to the child’s safety or their emotional well-being. Courts take allegations of abuse, neglect, or domestic violence very seriously. In fact, under Florida Statutes Section 61.13(2)(c)2, any credible evidence of such conduct can lead to the violating parent having restricted or supervised visitation.
For example, if a parent has a history of substance abuse and fails to maintain sobriety, the court may suspend their visitation rights until they complete treatment. Similarly, if a child reports being fearful due to verbal or physical aggression, the court may also intervene to protect the child.
Another common reason involves the parent’s failure to comply with court-ordered parenting plans. Florida law expects both parents to promote a healthy relationship between the child and the other parent, as outlined in Section 61.13(3)(a). If one parent consistently undermines visitation, such as by alienating the child, refusing to make the child available, or disparaging the other parent, then they may face legal consequences.
For instance, if a parent manipulates the child into rejecting visits or uses scheduling conflicts as an excuse to block the other parent’s time sharing, then the court may modify the existing custody arrangement or impose sanctions.
Can I Ask the Court to Deny Child Visitation in Florida?
Yes, in fact, you should never engage in self-help and deny the other parent visitation without the legal authority to do so. Once again, Florida courts take time sharing orders seriously, and any unilateral decision to block visitation can result in contempt proceedings or modifications to custody.
If you believe the other parent poses a legitimate risk to the child, such as through abuse, neglect, or substance misuse, then you must file a motion with the court requesting a change to the existing parenting plan. The court will then evaluate the evidence under the “best interests of the child” standard outlined in Florida Statutes Section 61.13.
When filing such a request, you’ll need to present clear and convincing evidence that continued visitation would endanger the child’s physical or emotional health. For example, if the parent has been arrested for domestic violence or has repeatedly violated court orders, the judge may order supervised visitation or temporarily suspend contact.
However, until the court issues a new order, both parents are legally bound to follow the current time-sharing arrangement. Taking matters into your own hands, even with good intentions, can ultimately backfire against you legally and undermine your credibility in future proceedings.
Should you have any questions about how to navigate child visitation court in denying parental visitation, then it is recommended to set up a legal consultation in Florida with Florida lawyers experienced in handling such cases.
In Florida, Can You Lose Custody if You Deny the Other Parent Visitation?
Yes, Florida courts can modify custody if a parent repeatedly denies the other parent court-ordered visitation. Under Florida Statutes, judges assess each parent’s willingness to foster a relationship between the child and the other parent. If one parent obstructs time sharing without legal justification, the court may view it as harmful to the child’s best interests.
Consequences for such violations can include being held in contempt, losing primary custody, or having their visitation reduced. Even if the child refuses visitation, the custodial parent must make reasonable efforts to comply with the parenting plan. Courts expect cooperation, not sabotage, when it comes to maintaining court ordered visitation.
Can a Court in Florida Punish the Custodial Parent for Denying Visitation?
In short, yes, Florida courts can punish a custodial parent for denying court-ordered visitation. If a parent intentionally interferes with the other parent’s visitation rights, the court may find them in contempt.
Being found to be in contempt of court can lead to fines, mandatory makeup time, or even jail time in extreme cases. The court’s priority is always the child’s best interests, which includes maintaining a relationship with both parents.
Repeated violations may also result in changes to custody. If the custodial parent shows a pattern of obstructing visitation, the court can reduce their visitation rights or transfer primary custody to the other parent. Florida law expects both parents to honor the parenting plan and support the child’s bond with the other parent.
Is it Ever Legal to Deny a Parent Child Visitation in Florida?
Yes, it can be legal to deny a parent child visitation in Florida, but only under specific circumstances authorized by the court. For instance, if a parent poses a credible threat to the child’s safety, such as through abuse, neglect, or substance misuse, the court may suspend or restrict visitation rights.
However, a parent cannot unilaterally decide to deny visitation without a court order. Even if the child resists visits or the custodial parent has concerns, the existing parenting plan must be followed until officially modified. Once again, taking matters into one’s own hands can lead to contempt charges or changes in custody.
In Florida, How Is Child Visitation Restricted? Can Child Visitation Rights Be Suspended?
Child visitation in Florida can be restricted when the court finds that a parent’s involvement may harm the child’s physical or emotional well-being. Restrictions may include supervised visitation, limited contact, or specific conditions the parent must meet before resuming their regular visitation.
Visitation rights can also be suspended entirely, but only through a formal court order. Suspension typically occurs when there’s substantial evidence of danger to the child, such as repeated violations of court orders or criminal behavior by the parent.
The court may require the parent to complete counseling, treatment, or other corrective actions before reinstating their visitation rights. Until then, the suspended parent often has no legal right to contact the child.
How Do I Enforce My Visitation Rights?
In order to enforce your visitation rights in Florida, you must take legal action through the family court system. If the other parent is violating a court-ordered parenting plan, then you can file a motion for enforcement or contempt. The court may then order makeup time, impose penalties, or modify the time-sharing arrangement to protect your rights.
The following is a list of the general legal steps that you may take to enforce your visitation rights:
- File a Motion for Civil Contempt/Enforcement with the court that handled your previous custody case
- Gather evidence of any missed or denied visitation (texts, emails, logs, etc.)
- Attend a hearing where both sides present their case
- Request appropriate legal remedies, like makeup time or sanctions
- Consider modifying the parenting plan if the violations persist
Should I Hire a Lawyer in Florida if I Have an Issue With Child Visitation?
If you are in a situation where you are having an issue with child visitation, then it is in your best interests to immediately consult with an experienced Florida child visitation lawyer. LegalMatch can assist you with locating and setting up a legal consultation with an experienced child custody attorney in your area.
An attorney can help you understand Florida’s specific laws regarding visitation orders, including how to navigate any disputes that may have arisen. An attorney will also ensure that your parental rights are protected throughout any legal proceeding.
They can also help you navigate legal disputes with negotiation with the other party or attempting alternative dispute resolution. If those methods do not work, they can file the appropriate documents to resolve the visitation dispute in a court of law. Finally, a visitation lawyer can represent you at any in person court proceeding.
