When a custody agreement is made, most of the time the parents are permitted to share custody of the children. However, in some situations, one parent is not given custodial rights and is instead only given visitation rights. In Florida, visitation is known as time sharing. Florida courts generally agree that parents should have the right to see their children, even if they don’t have the opportunity to live with them. This is typically the case when the court can’t grant shared custody because one parent is deemed “unfit,” meaning that if they had custody of the child, the child may end up in a dangerous situation. A parent can be deemed unfit if they have been convicted of a first-degree misdemeanor or higher of domestic violence would be grounds to determine the child would be detrimentally affected if they had a relationship with that parent. If the parent has been convicted of a crime of this nature, they will not have any say in decisions made about the child.

If the custodial parent refuses to cooperate with the time-sharing plan, the non-custodial parent will be given the opportunity to have extra time with the child on top of making up any time that was missed. There may also be a number of other punishments imposed by the court onto the custodial parent if they deny the other parent scheduled time with the child.

Child custody and other family law matters can be handled in mediation as well as in court. If you have questions about time-sharing agreements in Florida, it would be beneficial to speak with an experienced family law attorney or mediator to discuss your options.

Judith Goldberg is an experienced Boca Raton mediator serving Palm Beach and Broward County, Florida. If you need a compassionate mediator to guide you through your family law matter, contact our Boca Raton office for a free consultation. 

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These materials have been prepared by the Offices of Judith Goldberg, Divorce & Family Mediation for general informational purposes only and are not intended and should not be construed as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained in this website is not intended to create, and receipt of it does not constitute, a mediation-client relationship nor is it intended to substitute for the advice of an attorney. Website User should not act upon this information without seeking professional legal counsel. This website provides general information only and cannot be relied upon for legal advice because laws change and differ from state to state. Applicability of Florida legal principles referenced here may differ substantially in individual situations; any party entering into mediation, upon completion should consult with review counsel prior to filing any documents.