Visitation Rights & Child Support

by Randy from Miami, Florida, Miami-Dade County

Visitation Rights & Child Support: How can I get visitation rights to see my daughter? Ever since my daughter was born the mother of my child has always denied me from seeing my daughter.

It is without a doubt that she is my daughter. I signed the birth certificate as well.

We have both moved on with our lives, but I barely get to see or talk to my daughter she is 5 years old. I am fed up with the foolishness.

About 2 weeks ago the child support services served me papers and stated that I have 20 days to get in contact with them.

I don’t mind paying child support but I would like to see my baby as well. How would I go about getting visitation rights?

Answer to Florida Child Visitation Question

Dear Randy,

As the father you have every right to have visitation rights with your daughter.

To establish a visitation schedule you need to file a Parenting Plan, Form 12.995(a) through the court system.

You can download that form from the Florida Supreme Court's website at Instructions for the Parenting Plan form state in part:

The best interests of the child(ren) is the primary consideration in the Parenting Plan. In creating the Parenting Plan, all circumstances between the parties, including the parties’ historic relationship, domestic violence, and other factors must be taken into consideration.

Following this paragraph is a lengthy list of considerations relevant to child visitation.

Florida courts support the idea that it is usually in the best interests of children to have both parents in their lives.

The instructions for the Parenting Plan form continue to state...

This standard form does not include every possible issue that may be relevant to the facts of your case. The Parenting Plan should be as detailed as possible to address the time-sharing schedule.

Additional provisions should be added to address all of the relevant factors. The parties should give special consideration to the age and needs of each child.

Ideally the courts would prefer that parents submit a Parenting Plan which they agree upon. In other words, it is much easier on everyone involved - you, your ex, and the court system - if you and your ex can decide together how to arrange visitation.

The courts would like parents to behave responsibly and respectfully towards each other. If you are not able to agree on a visitation schedule, the courts can guide you.

Notice: We provide these answers to the general public and our website visitors as a means to further their online legal research. These answers are merely suggestions and should not be regarded as legal advice.

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See These Related Florida Child Visitation Pages

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Go to Florida Child Visitation
Go to Florida Child Visitation Laws
Go to Florida Child Visitation FAQs
Go to Florida Parenting Plan Forms
Go to Modifying Child Custody & Visitation
Back to Florida Child Visitation Rights FAQs
Back to Florida Court Forms from Visitation Rights Child Support

Comments for Visitation Rights & Child Support

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How Do I Put Myself On Child Support
by: Anonymous from Florida

I don't have custody of my children right now and I'm trying to save up the money for a lawyer can I put my self on child support to be able to see my kids, if yes how do I go about doing so. Thank you

--Child support and visitation are two separate issues. If you are an unmarried parent, you can get child support and visitation established in one proceeding by filing the Petition to Determine Paternity and for Related Relief, Form 12.983(a). --Staff

Visitation With My Child
by: Raul from Florida

What can be done? The court had granted monitored visits and I was paying child support until my ex decided to disappear. She doesn't let me see or even know where my kid is. It's been about 4 years. I don't know what to do. I email her mother begging her to tell her daughter to let me see my child. I have all the emails as proof. can she claim back track child support if these years she has refused to let me see him or know where he is? I was paying on time until she left. I mean how am I suppose to take care of my kid when I don't even know where he is because she won't let me.

--What the mother of your child is doing may be wrong, but visitation and child support are two separate issues in the eyes of the court. A non-custodial parent's obligation to pay child support does not hinge on disputes between the parents over visitation. So to answer your question about back child support, yes, you will probably owe the back child support.

Getting visitation back may be problematic for you because of two things... First, you don't know where she is! Find her. Second, if you haven't made arrangements to get your child support in order, the judge in your case is not going to be very happy with any request you make of the court. Just my humble opinion.

Seriously though, I suggest you sit down with a lawyer and discuss what your options are in your particular case. Many competent lawyers offer free or low cost consultations. Then you will be able to decide if filing on your own is still an option for you. --Staff

Visitation Help
by: Anonymous

My ex is and has obtained legal aid and unfortunately i have no lawyer. He is asking to claim my child on taxes with him owing back child support and asking for child support to be lowered and asking for visitation my child has not seen him in 4yrs and she bonded with my boyfriend to everyone and herself included that's the only father she knows and tells everyone. What can be done.

--You can apply for legal aid yourself, but if you do not qualify and still cannot afford an attorney, you should attend and respond to each and every hearing. Alternatively, you could get legal advice from a family lawyer. Use our recommended referral service, many lawyers offer free or low cost consultations.

missing my son
by: Anonymous

I have been fighting with the courts for over six years now. my son is now 8 years old and to this day i have yet to have one holiday with him let alone just seen him. i am a father whom supposedly has 50/50 custodial rights to our son. i am a service technician and my pay fluctuates with the seasons change. once that happened my license then gets suspended, thus loosing the ability to drive. once i loose my license next to go is the job.

As a service technician i am no longer able to work once my license is taken. i have been to court countless times for civil contempt for none visitation but they keep slapping her on the wrist. how is it that if i do not make a child support payment within months i have a suspended license or thrown in jail yet the mother has with held all visitation for the last six years and nothing is done.

1. she has violated 4 court orders for visitations.

2. place our son into public school (twice) under a fictitious last name.

3. committed perjury while in court about our child's whereabouts.

all of which i have supplied hard evidence to to courts!

i mean come on seriously! what more must happen before something is done ! all i keep hearing from everyone is that i need a lawyer but what they all fail to realize is that if i had the money for a lawyer then i would not have child support issues.

from a destroyed father who is made to be seen as a dead beat dad.

--I completely sympathize with you. I know it is no comfort, but your situation is not unique. In my opinion, the system is in need of a complete overhaul. There are many advocacy groups for fathers rights, and the more people get involved and have their voices heard, the better the chance there is for improving the current system. Do a google search for the following term: "florida fathers rights groups" and you will find lots of organizations and information.

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