One of the greatest fears a person who is stuck in a contentious co-parenting relationship can have is that their former spouse or partner will attempt to keep them from seeing their children – and for good reason.
Unfortunately, this issue is all too common, and many times, legal recourse is needed to correct the situation. If you have ever been concerned that you will not be able to see or have contact with your kids because of your ex, you are not alone.
In this blog, we will shed light on this issue and, hopefully, give you the peace of mind you need for the future. We know how precious your relationship with your children is and we aim to help you gain a clear understanding of Florida custody law, as well as your rights as a parent.
Custody disputes can be legally and emotionally taxing, but by making an effort to keep yourself informed, you can stay strong in the face of this challenge.
Understanding Florida Custody Laws And Parental Rights
In Florida, custody is divided into two main categories: time-sharing and parental responsibility. Time-sharing refers to the amount of overnights the child spends with each parent, while parental responsibility refers to decision-making power (such as choosing the child’s school, deciding what type of medical care they receive, deciding on the religious practices they observe, and more).
Prior to courts granting a divorce, parents must have a parenting plan outlining shared custody. Parenting plans can be made in mediation or a judge can impose a parenting plan at trial.
However, if you and your co-parent were never married, you may not have a formal custody arrangement that can be enforced by law, which could lead to you not being able to see your kids as much as you would like – or in extreme cases, at all.
In Florida, parents have the right to maintain a meaningful relationship with their children. The courts always prioritize the best interests of the children in custody matters. In 2023, a statutory legal presumption established that a 50-50 custody arrangement is in the best interests of the children. A party challenging this must have strong evidence to overcome the legal presumption. That same year, another bill was passed which made the legal process for unwed fathers to assert their parental rights much simpler than before.
In short, Florida law emphasizes an equal co-parenting relationship, so long as there are no extenuating circumstances that put the child at risk. This means that, unless there are concerns such as abuse, neglect, or other serious issues that could pose a danger to the child, the courts generally aim to ensure both parents share equal time and responsibilities in the upbringing of their children.
Can My Ex Legally Stop Me From Seeing My Kids?
Your co-parent may attempt to block visitation for a variety of reasons. One of the most common is non-payment of child support. For example, they might be trying to “get back at you” for not paying the amount of child support that you have agreed to or that you owe. However, this is not a lawful reason for them to deny you your court-ordered parenting time, and they could face serious legal consequences.
Another reason your ex might block your parenting time is because they are trying to alienate you from your child. Parental alienation is a serious but, unfortunately, common tactic employed by one parent to turn their child against the other parent. It often involves a child being manipulated to the point that their relationship with the target parent is severely damaged, sometimes to the point of no return.
These are examples of unlawful denial of visitation. In Florida, a parent can only lawfully deny visitation in very limited circumstances: if there are legitimate concerns for their child’s safety (such as abuse or neglect) or if the other parent has repeatedly violated the existing custody arrangement in ways that warrant the restriction.
If your ex is preventing you from seeing your children in any other instance, they are not doing so lawfully. Nevertheless, it is vital that you react to this in a rational manner. While you may be tempted to contact the authorities, the reality is that the police will not typically get involved because, as egregious as you feel this act may be, your former partner may not have committed a criminal act. Generally, time-sharing violations are a civil issue, so the best course of action is to consult an attorney and pursue private legal action.
What To Do If Your Ex Is Preventing Visitation Without Legal Grounds
If your ex is wrongfully denying visitation, there are several steps you should carefully take to mitigate the situation.
The first is to review your court-ordered parenting plan to ensure that you fully understand your rights regarding visitation and confirm that your ex is violating the terms.
Then, begin keeping a detailed record of denied visitations. Document every instance in which your ex denies you your court-ordered visitation with your children, including dates, times, and any communication between the two of you, as this information will be crucial if you need to take this matter to court.
Before pursuing legal action, it is wise to attempt to resolve the issue through mediation or communication from your attorney first. Many times, these issues can be worked out without escalating to court if your ex sees that you are not willing to play their games.
When all other routes have been exhausted, you may have no other choice but to ask the court to intervene. Your attorney can help you file a motion to enforce the court-ordered parenting plan, hold your ex in contempt of court, or seek a modification of the custody agreement to protect your rights.
If you do end up having to go to court, it is best if you are able to show that you have fully complied with all your responsibilities and any existing court order or final judgment. In other words, if this issue did arise over a child support or custody dispute, you will have a better chance of the court ruling in your favor if you can prove that you have met your obligations whenever possible.
Do Not Lose Any More Precious Time With Your Children. Contact Our Firm Today!
We understand how frustrated and discouraged you are likely feeling if you have recently missed out on time with your kids. It is not right or fair – and most of all, it is not legal. This matter requires urgent legal action, or else it may continue to spiral out of control. At Divorce & Mediation Law Firm l Cabanas Law Firm, we are passionate about helping parents exercise their parental rights and protect their relationship with their children.
Our award-winning team of bilingual legal professionals are not afraid to take on complex cases. As both attorneys and parents, you can trust us to fight for you! Call today at 954-447-2580 to book a free 15-minute case evaluation and learn more about how we can guide you through this challenging time.
