Child Visitation

How Does the Court Decide?

Here’s the reality: there’s no one-size-fits-all for child visitation. In Florida, the court doesn’t just hand over custody to one parent anymore. They focus on timesharing. Both parents should have a role, unless there’s a good reason not to. Think abuse, neglect, or dangerous behavior. If you and your ex can agree on a plan, great. If not, the court steps in. What’s their top priority? You guessed it—your kid’s well-being.

So, what factors sway the judge’s decision?

The child’s safety and daily routine.
The relationship between the child and both parents.
Any past behavior like domestic violence or substance abuse.

Is your ex fighting for more time? If so, they need to prove why that’s in the best interest of your child. The judge won’t take their word for it.

What Type of Visitation Will You Get?

Visitation isn’t a one-size-fits-all scenario. Some parents get unsupervised visitation, where they spend time alone with the child. Others? Supervised visitation, where someone else—maybe a professional—has to be present. Virtual visitation is also on the rise, where parents connect through video calls when distance is a factor. So, what’s right for your family?

When Do You Need to Modify Visitation?

Life changes, right? You move, your job changes, your kid grows up. So, what happens when your current visitation plan doesn’t work anymore? In Florida, you can ask the court to modify the arrangement if there’s a significant change in circumstances. But it’s not as easy as asking. You need to show the court why it’s necessary for your child’s well-being.

Has relocation changed your situation? Are you concerned your current plan isn’t working? These are questions you need to ask yourself.

What Happens if the Parents Can’t Agree?

If parents can’t work together, the court takes over. Simple as that. Mediation is often the first step—a neutral party helps the parents reach an agreement. But if that fails, a judge steps in. They look at all the evidence, including psychological evaluations if necessary. Don’t expect to wing it in court—come prepared with a solid argument backed by facts.

Are you prepared to fight for your rights? Or would you prefer to find a compromise? Either way, it’s all about what’s best for your child.

Court-Ordered Supervised Visitation

This is the hard part. Sometimes, supervised visitation is necessary. Why? Because one parent’s behavior poses a risk to the child. The court might require supervised visits if there’s a history of domestic violence, neglect, or substance abuse. A third party monitors the visits to ensure the child’s safety. This isn’t ideal for everyone, but sometimes it’s the only way to protect your child.

Will Relocation Affect Visitation?

Moving away from the other parent? In Florida, a relocation of more than 50 miles requires court approval. The court will look at the impact the move has on the child’s relationship with both parents. Is the move in your child’s best interest? That’s what the judge will want to know. You’ll need to make your case, and it better be convincing.

Your Next Steps

Visitation is about your child’s needs, not yours. At Bergermann Law Firm, we guide parents through this complex process, always keeping the child’s best interests at the forefront. If you’re in Naples or Fort Myers and need help with a visitation case, reach out to us today. Whether you’re drafting a plan or modifying an existing one, we’re here to support you.