How to Get Visitation Rights in Florida

Establishing Your Visitation Rights

Study Florida family law. Before you file for visitation, you should have a good understanding of how visitation works in Florida and what your rights are as a parent. Florida law is based on the policy that if parents are separated, the child should continue to have frequent and continuing contact with both of them. There is no preference either for the mother or the father of the child as the parent who should have more time than the other. When establishing a time-sharing schedule, which will dictate the time each parent spends with the child and the responsibilities each parent has for the child, the best interest of the child is the court's primary consideration. Determining the best interest of the child is a multi-factor test that involves evaluating the child's developmental needs along with the demonstrated capacity and disposition of each parent to meet those needs and provide an appropriate environment for the child.

Consider hiring an attorney. Family law is complicated, and an attorney can help guide you through the process and best protect your rights. If you cannot afford an attorney, find out if there are any family law clinics or self-help clinics near you that will offer advice free of charge or at a reduced rate. Some of these clinics also will review forms you've prepared to make sure everything is correct before you file.

Get the correct packet of forms. Your local courthouse should have forms available for you to fill out and file to establish your right to visitation. You may also be able to find a copy of these forms online, which you can download and fill out using the computer or print and hand write your answers. The packet may not include all the forms you need for your particular situation. If you determine that you need additional forms, you can pick them up at the clerk of court's office.

Draft your petition. To establish visitation of your child, you must file a Petition to Establish Visitation and Shared Parental Responsibility. You must include a parenting plan which describes in detail how the parents will share the responsibility for raising the child, a time-sharing schedule, and which parent will be responsible for health care and school-related matters.

Fill out other forms. There may be other forms the court requires you to file with your petition, which will be included in the packet you got from the clerk's office. The pro se packet provided by Florida courts includes a checklist of forms you might need, such as the Uniform Child Custody Jurisdiction and Enforcement Act Affidavit and the Process Service Memorandum. The summons is not included in the packet, but will be given to you by the clerk when you file your petition. Once you've completed and signed all forms, make at least one copy for the other party and one copy for your own records. The clerk will keep the originals when you file.

File the forms in the appropriate court. Once you've completed all necessary forms, you must file them in the family court with jurisdiction over your case. You must pay a filing fee of around $300 to file your petition. If you can't afford to pay the filing fee, you can fill out a form requesting the court waive the fees in your case.

Have the other parent served. After your documents are filed, you must have them legally served on the other parent so she has knowledge of the lawsuit. The other parent has 20 days to file an answer or an answer and counter-petition. If the other parent files a counter-petition, you may file an answer using the form provided by the court. If the other parent doesn't file an answer before the 20-day deadline, you must file a motion for default along with an affidavit certifying that the other parent is not in the military. After you receive the answer, you may file a request for hearing. Your case will be reviewed and you will either receive a hearing date or instructions to provide more information.

Attend your hearing. You must attend a court hearing on your petition for a judge to award you visitation of your child. Be prepared to tell the judge about all issues or concerns that you think need to be addressed. Speak directly to the judge and not to the other parent. Address the judge as "your honor" and request permission before speaking unless you are questioned directly. Bring along with you copies of everything you've filed with the court, as well as any witnesses or documents you intend to present to the judge as evidence to support your chosen time-sharing arrangement. Don't interrupt the judge, and treat all court staff with courtesy and respect. Make arrangements for your children if you need to do so, because children are not permitted in the courtroom and the court won't make a decision in your case if the children are there.

Modifying Your Visitation

Consider hiring an attorney. Modification hearings can become as complex and prolonged as the original trial, so you may find it important to have someone help represent your interests. If you cannot afford an attorney, you may be able to find legal advice or assistance at a self-help or family law clinic. You also may be able to get a family law expert or attorney to review forms you've completed before you file them and make sure all the information is complete and that you've filled out the forms correctly.

Get the appropriate packet of forms. The clerk of court will have a packet of forms you must fill out to ask the judge to modify visitation. You also may be able to download these forms online. You can fill them out either by typing in your answers on the computer, or by printing paper forms and hand-writing your information in the blanks. If you hand write your information, be sure to use blue or black ink and write clearly and legibly.

Draft your Supplemental Petition to Modify Parental Responsibility. To ask the court to modify your visitation you must file a supplemental petition that alleges a "substantial, material, and unanticipated change" in circumstances since the original visitation order. Generally, the court will make the modification if the judge determines that the change is in the best interests of the child. Thus, your petition must demonstrate that there has been a substantial and unanticipated change in circumstances since the original order was entered, and that modifying the original order to reflect that change in circumstances would be in the best interests of the child. When you finish drafting your petition, sign it in the presence of a notary public or a deputy clerk to authenticate your signature. If you don't know where to find a notary public, call your bank – many banks offer notary public services free of charge to their customers.

Complete any other required forms. All the other forms in the packet must be filled out completely along with your petition. Once you've completed all of your forms, make at least one copy for the other parent and another for your records. The clerk will keep your originals when you file them with the court.

File your forms in the appropriate court. After you've completed your forms, you must file them with the clerk of the same court where the original visitation order was made. Under Florida law, the court that made the initial order for time-sharing and support has continuing jurisdiction over that case and any modification of that order. The court may change the venue to the circuit court in the county where at least one parent and the child lives for purposes of modifying the time-sharing order, if the child and one or both parents have moved since the original order was entered. You must pay a fee of $50 to file a supplemental petition to modify the original order. If you are unable to pay the filing fees, you can fill out a form and request a waiver of fees in your case.

Have the other parent served. The court won't hear your petition until you present proof that the other parent has been served and has notice of your action. You can use the sheriff's department or a private process serving company to serve the other parent your supplemental petition. After service, the other parent has 20 days to file an answer. If no answer is filed in that time, you can file a motion for default. If an answer is filed, you can call the clerk and set a final hearing. If the other parent denies or disagrees with anything in your petition, you may be required to attend mediation before your case is set for a final hearing.

Attend your hearing. You must attend the hearing to convince the judge to approve your petition and modify visitation in your case. Dress appropriately and treat all court staff with courtesy and respect. Arrive early and bring with you a copy of all documents you've filed with the court, as well as any other witnesses or documents you intend to submit to the court as evidence in support of modification of the time-sharing arrangement. Along with the documents you've filed, also bring copies of the original court order and the original time-sharing plan that you're asking the court to change. The judge may appoint a guardian ad litem to represent your child and submit a report to the court regarding the child's best interests. You and the other parent also may be required to complete a parenting course prior to the judge entering a final order on your supplemental petition.