How to Get Visitation Rights in Florida
Study Florida family law., Consider hiring an attorney., Get the correct packet of forms., Draft your petition., Fill out other forms., File the forms in the appropriate court., Have the other parent served., Attend your hearing.
Step-by-Step Guide
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Step 1: 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. -
Step 2: 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., 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., 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., 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., 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., 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., 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. -
Step 3: Get the correct packet of forms.
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Step 4: Draft your petition.
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Step 5: Fill out other forms.
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Step 6: File the forms in the appropriate court.
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Step 7: Have the other parent served.
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Step 8: Attend your hearing.
Detailed Guide
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.
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., 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., 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., 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., 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., 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., 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.
About the Author
Terry Perez
A seasoned expert in education and learning, Terry Perez combines 10 years of experience with a passion for teaching. Terry's guides are known for their clarity and practical value.
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