Visitation Rights for Fathers

by Anonymous from Florida


I want to know what rights does a dad have for visitation with his kids if parents have separated.

Parents are married but separated.

Father wants to see kids but where the wife is staying will not allow father to contact (wife's dad house).

He would like to see his kids. What is the best course of actions to do this?

Answer to Florida Custody & Visitation Question

Dear Anonymous,

You have a right to see your kids. Your best course of action could be to file a Parenting Plan, Form 12.995(a) through the court. You do not have to be divorced or even in the process of divorce to file this.

The form can be found and downloaded from the Florida Supreme Court's website at www.flcourts.org. See our Parenting Plan Forms page for more information. Instructions for the Parenting Plan form state in part:
At a minimum, the Parenting Plan must describe in adequate detail:

• How the parties will share and be responsible for the daily tasks associated with the upbringing of the child(ren),

• The time-sharing schedule arrangements that specify the time that the minor child(ren) will spend with each parent,

• A designation of who will be responsible for any and all forms of health care, school-related matters, other activities, and

• The methods and technologies that the parents will use to communicate with the child(ren).
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.

Determination of the best interests of the child(ren) shall be made by evaluating all of the factors affecting the welfare and interest of the minor child(ren), including, but not limited to:

Listed on the form's instructions are numerous considerations regarding time-sharing. Read through these and search our site for more details and explanations.

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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Comments for Visitation Rights for Fathers

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Agreement of Parents
by: Anonymous

Yes, but that is a form that you would fill out if both parents agree to terms. What happens when a parent is completely witholding the child?

--You could use the same form. On the first page of the instructions for the Parenting Plan form towards the bottom, it states:
If the parents have not reached an agreement, a proposed Parenting Plan may be filed by either parent at the time of or any time prior to the final hearing.
--Staff

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