Visitation

Lake County Law Firm Stands Up for Your Visitation Rights

Helping You Establish A Stable Schedule Is Important To Us

The effects of a divorce can affect a child's emotional, social and physical well-being. The key to ensuring a successful transition for the whole family is maintaining a supportive and compassionate environment where your child can thrive. At the Law Office of Michael E. Golub, we understand the obstacles and burdens that often accompany the ending of a relationship. We're dedicated to helping you create the best possible situation for your child so that they may continue to reap the benefits of a two-parent upbringing. Whether you need assistance creating an initial visitation schedule, are seeking modifications to an existing plan or are having difficulties enforcing the court's visitation order, we're here to help you.

The Best Interests Of The Child Are The Primary Concern When Dealing With Creating Or Modifying Visitation Schedules

Florida law imputes a rebuttable presumption in favor of shared parenting and custody for all family-law matters. This means that the court believes that it is in the best interests of a child to be raised by two parents who are equally involved in providing for a child's health and well-being.

The court requires that parents work together to develop a parenting plan that establishes:

  • How the parents will divide the responsibility for daily tasks
  • How much time a child spends with each parent, outlined in a time-sharing schedule
  • Which parent is responsible for decisions regarding a child's health care and medical needs, educational needs and other activities
  • How the parents will communicate with each other

When determining issues of time-sharing and decision-making responsibility, the court gives each parent the same consideration regardless of sex. Both mothers and fathers have equal rights and obligations of child rearing.

Helping Grandparents Stay Involved In A Child's Life

Florida law provides grandparents and great-grandparents with visitation rights under specified circumstances. The court may grant grandparent visitation rights if:

  • The parents of the child are divorced
  • A parent has deserted the child
  • The child was born out of wedlock

As always, when determining appropriate visitation rights, the court's primary consideration is the best interests of the child. The court considers:

  • The grandparent's willingness to encourage a close relationship between the child and parent(s)
  • The mental and physical health of the child as well as the grandparent
  • The length and quality of the relationship between the child and grandparent
  • The child's wishes if they have reached a sufficient age and maturity

Interfering With A Visitation Schedule Leads To Significant Consequences For Both Parents And Children

In some cases, the level of animosity between parents interferes with a child's best interests and the court is forced to intervene. Modification of a parenting plan or time-sharing schedule requires a showing of a substantial, material and unanticipated change of circumstances, including parental non-compliance with the plan. If the court finds that a parent refuses to comply with a visitation schedule, the court has the discretion to:

  • Award additional time to a parent that is denied visitation
  • Require the offending parent to pay attorneys' fees and court costs incurred by the violation
  • Order an offending parent to attend a parenting class
  • Require the offending parent to perform community service
  • Impose additional reasonable sanctions

If the parents cannot agree on a shared custody and parenting time arrangement that is in the best interests of the child, the court will establish a plan that must be honored by each parent. The issues that come up during a divorce can lead to feelings of resentment and hostility between parents that inevitably affect a child's well-being. Our firm is dedicated to helping families resolve those issues in the child's best interest, through mediation if possible and litigation if necessary.

Providing A Compassionate And Supportive Environment For Central Florida Families For More Than 20 Years

Visitation issues and disputes don't have to be emotionally and financially burdensome. At the Law Office of Michael E. Golub, our attorneys use every resource available to resolve your problems amicably and quickly. Our offices are conveniently located in Clermont and Tavares, we also offer evening and weekend appointments to suit the needs of our clients. Call us at 352-508-6632 or contact us online to schedule a complimentary 30-minute consultation.