Visitation (Timesharing)

Parents who search for help with child visitation are usually dealing with more than a calendar. They are trying to protect steady routines, maintain close bonds, and keep conflict away from their children. At Adams, Luka, & Benton P.A., we write and negotiate visitation arrangements every day for families throughout Orlando and Central Florida. We use the language parents use in real life, so this page focuses on visitation rights, visitation schedules, and how courts decide who sees the child and when. Florida law uses the terms parenting plan, parental responsibility, and time sharing to describe the same concepts. We will explain those terms briefly so you know what to expect on official paperwork, but we keep the focus on what matters to you. When do I see my child. How can I make up missed time. What happens if the other parent refuses to follow the schedule. How do I change a plan that no longer fits my child’s needs.

Visitation is the time a child spends in a parent’s care. It includes school nights, weekends, holidays, birthdays, and long summer stretches. However, In Florida, as of July , 2023, the term “visitation” has been replaced with “timesharing” and “parental responsibility” and included in Florida Statute 61.13. Florida courts no longer label one parent as the custodial parent and the other as a visitor in the old sense. The system now expects a written parenting plan that spells out two things. Where the child is on specific days and who makes major decisions about education, health care, and activities. Lawyers and judges call the first part time sharing and the second part parental responsibility. For parents, it all adds up to a clear visitation schedule and rules that limit future arguments.

Florida policy favors meaningful, frequent contact with both parents whenever it can be done safely. That does not mean every case results in a perfect fifty fifty split. It does mean courts want both parents involved in school routines, medical appointments, and after school activities. Judges look at stability, safety, practical logistics, and the ability of each parent to support the child’s relationship with the other parent. If an arrangement keeps a child secure, rested, and on track at school, a judge will be reluctant to disrupt it without a solid reason.

No two families share the same rhythm. A good plan reflects the real world, not an abstract formula. When judges evaluate proposals, they review the history of each household and the day to day caregiving that already exists. If one parent has been handling morning routines, homework, medical visits, and team practices, that pattern will matter. Courts also weigh the following themes because they affect a child’s well being.

Judges favor stability. A child who wakes at the same time, eats at the same time, and arrives at school ready to learn is less likely to struggle. A plan that causes late arrivals or long commutes is less persuasive than a plan that keeps the school week steady.

Judges evaluate safety. Documented domestic violence, child abuse, serious substance misuse, or ongoing high conflict that spills into the presence of the child can lead to supervised visitation, therapeutic interventions, or limits on decision making until risks are addressed.

Judges expect cooperation. A parent who shares school and medical information, respects transitions, and encourages the child to enjoy time with the other parent is viewed as more supportive of the child’s needs. A parent who hides information, withholds the child, or uses the child as a messenger harms the case.

Judges consider logistics. Distance between homes, traffic patterns, parents’ work hours, and the location of school, daycare, and activities can make or break a schedule. The best plan is realistic to follow every week.

Judges may listen to a mature child’s preference. Preference is never the only factor. Courts make sure a child is not being pressured and that any stated preference aligns with the child’s overall interests.

A parenting plan is the document that tells both parents exactly what to do. It assigns school year time, summer time, and holidays. It sets precise pick up and drop off times and locations. It states who transports the child and how parents will share information about grades, medical records, and activities. It creates rules for calls, texts, and video chats so a child can reach the other parent in a predictable way without adult interference. It includes notice rules for travel, out of town tournaments, or school events that affect the schedule. A thorough plan also describes how the parents will resolve routine disagreements before they escalate. Many families use a court approved co parenting app to exchange messages and track schedules. Time stamped communications help prevent misunderstandings and create a clear record if a dispute reaches the court.

Our lawyers draft plans in plain English so parents can follow them without a lawyer at their side. We build in details that reduce friction. If a parent will be away for a full evening or more, the plan can give the other parent the first opportunity to watch the child rather than using a sitter. If the child needs regular therapy or tutoring, the plan can set expectations for attendance, payment, and transportation. If either parent travels for work on a regular cycle, the plan can provide substitute days and set deadlines for notice.

Holiday language needs clarity. A good plan divides school breaks, alternating major holidays and rotating others in a predictable pattern. Many families alternate Thanksgiving and Winter Breaks in even and odd years. Spring Break can rotate or track the parent who did not receive the preceding Winter Break. Long weekends that start on a Friday and include a Monday holiday should have firm start and end times to avoid confusion. Summer can be divided into multi week blocks, or each parent can select segments by a certain date so both can plan camps and travel. If extended family traditions are important, we write the plan to preserve them while keeping the overall division fair across the year.

Birthdays are easiest when the plan either alternates the day itself or gives the non hosting parent several hours to celebrate. Mother’s Day and Father’s Day typically belong to the honored parent regardless of the regular schedule, with a clear notice and pickup time.

Court orders are binding. If a parent refuses to follow the plan, shows up late without good reason, withholds the child, or blocks lawful communication, the other parent can ask the court to enforce the order. Judges can award makeup time, shift exchanges to safer locations, require a co parenting course, allocate travel costs, or order counseling to get the plan back on track. A pattern of violations can lead to attorney’s fees and, if problems do not improve, a modification of the schedule. The best enforcement case is organized and specific. We recommend that clients keep a simple log of missed visits, late returns, and blocked calls, and that they save relevant messages or emails. When we file an enforcement motion, we present a tight timeline, not a stack of grievances.

Children grow. Jobs change. Health needs evolve. Florida law allows a court to modify a parenting plan and the related visitation schedule when there has been a substantial and material change in circumstances and the requested modification serves the child’s best interests. Some changes are obvious. A planned relocation that affects school, commute time, and exchanges requires a new schedule. Others are gradual. A teen may take on a travel sport that conflicts with the old plan. A parent may change shifts and be home and available during school nights. We help parents evaluate whether the facts meet the legal standard and whether a judge is likely to grant the requested change. When we seek a modification, we present school records, activity calendars, work schedules, and transportation maps that show why the new plan will work better for the child.

Parents sometimes believe that paying support guarantees a certain number of visits or that missed visits eliminate support. In Florida, support and visitation are separate. Child support is calculated from incomes, health insurance costs, child care expenses, and the number of overnights in the schedule. If the plan gives substantial time to both homes, the guidelines adjust to reflect shared expenses. If the schedule changes through a court approved modification, the support calculation can be updated to match. If a parent withholds the child, the remedy is enforcement of the visitation order through the court, not withholding support. We make sure the number of overnights in the plan matches the number used in the support calculation so the order is accurate and enforceable.

We begin with a careful interview that maps the week from your child’s point of view. We want to know wakeup times, bus stops, after school programs, practices, lessons, therapy sessions, and bedtime routines. We gather report cards, attendance records, and notes from teachers and providers to show how the child is doing right now. We collect calendars, emails, texts, and travel confirmations that illustrate what has worked and what has not. If safety is an issue, we take immediate steps to request protections that keep your child secure while the case proceeds. If cooperation is possible, we negotiate a plan that meets your child’s needs and reduces pressure on both homes. If negotiation breaks down, we prepare for a focused hearing that presents persuasive evidence under the best interests framework.

Our lawyers appear in courts across Orange, Seminole, Lake, and Osceola Counties, and in neighboring communities throughout Central Florida. We understand local mediation practices, guardian ad litem appointments when they occur, and courtroom expectations for detailed plans. That familiarity helps us propose schedules that are both child centered and realistic for the court to approve. It also helps us anticipate practical issues such as school calendar changes, exam weeks, and athletic seasons that could upend a poorly drafted plan.

Reach out early if you are separating, if the other parent threatens to move, or if visits start to break down. Early guidance can prevent months of frustration. Temporary agreements and temporary orders are available to stabilize schedules while a case moves through the system. If you already have a plan and it no longer fits your child, we can evaluate whether a modification is likely and build the evidence to support it. If the other parent refuses to follow the order, we can file to enforce your rights and restore missed time.

Every hour you spend with your child matters. Visitation is not a label. It is bedtime stories, science projects, game days, and quiet car rides where children share what is on their minds. The right plan protects those moments. At Adams, Luka, & Benton, we build clear, enforceable visitation schedules that reflect your child’s needs today and grow with your family tomorrow. Call to speak with a family law attorney about your situation. We represent parents throughout Orlando and Central Florida, and we are ready to help you move forward with a plan that keeps your child at the center of every decision.