Florida Statutes Governing Visitation Proceedings

Florida law provides that it is the public policy of the State of Florida to assure that each minor child has frequent and continuing contact with both parents after the marriage of the parties is dissolved.  Furthermore, it is the public policy of the State of Florida to encourage parents to share the rights, responsibilities and joys of childrearing. The circuit court in the county in which either parent and the child reside, or the circuit court in which the original order approving or creating the child custody and visitation plan that was entered has jurisdiction to modify a child custody and visitation plan. The court may change the venue in accordance with s. 47.122.

For purposes of establishing or modifying parental responsibility and creating, developing, approving, or modifying a visitation schedule, the best interest of the child is the primary consideration. Determination of the best interests of the child is made by evaluating all of the factors affecting the welfare and interests of the minor child.

Access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records, may not be denied to either parent. Full rights apply to either parent unless a court order specifically revokes these rights, including any restrictions on these rights as provided in a domestic violence injunction. A parent has the same rights upon request as to form, substance, and manner of access as are available to the other parent of the child, including, without limitation, the right to in-person communication with medical, dental, and education providers.

When a parent who is ordered to pay child support or alimony fails to pay child support or alimony, the parent who should have received the child support or alimony may not refuse to honor the child custody and visitation schedule presently in effect between the parents.  When a parent refuses to honor the other parent’s rights under the child custody and visitation schedule, the parent whose visitation rights were violated shall continue to pay any ordered child support or alimony.

When a parent refuses to honor the child custody and visitation schedule without proper cause, the court: (a) shall award the parent denied visitation a sufficient amount of extra visitation to compensate for the visitation missed.  In ordering makeup visitation, the court shall schedule such visitation in a manner that is consistent with the best interests of the child, in a manner that is convenient for the nonoffending parent, and at the expense of the noncompliant parent; (b) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to pay reasonable court costs and attorney’s fees incurred by the nonoffending parent to enforce the child custody and visitation schedule; (c) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to attend a parenting course approved by the judicial circuit; (d) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to perform community service if the order will not interfere with the welfare of the child; (e) may order the parent who did not provide visitation or did not properly exercise visitation under the child custody and visitation schedule to have the financial burden of promoting frequent and continuing contact when that parent and child reside further than sixty miles from the other parent; (f) may, upon the request of the parent who did not violate the child custody and visitation schedule, modify the child custody and visitation schedule if modification is in the best interests of the child; (g) may impose any other reasonable sanction as a result of noncompliance. A person who violates the court established child custody and visitation schedule may be punished by contempt of court or other remedies as the court deems appropriate.