Visitation rights are rights that the court grants to a non-custodial parent. By granting a non-custodial parent visitation rights, that parent is allowed to see and visit their child. But, in certain circumstances, these visitation rights can be modified or taken away.
Can Visitation Rights Be Taken Away In Florida
Within the State of Florida, visitation rights can be taken away. But, this is only under certain circumstances. Some of these circumstances include:
- When the parent gives up their parental rights.
- The parent abandons their child.
- When the parent is a threat to the well-being of their child.
- If the parent is incarcerated.
- The parent abuses illegal substances frequently and in front of the child.
Each one of these circumstances can lead to visitation rights being taken away. Outside of these extreme circumstances, though, visitation rights can be reduced in certain circumstances. Some of these circumstances include:
- Missed child support payments.
- Missed scheduled visits.
- The child’s experiences with the parent.
- If there is evidence the parent may kidnap their child.
- If there is evidence the parent abuses drugs and/or alcohol.
Each one of these circumstances can lead to the current visitation rights being modified. But, unless the child’s well-being is being negatively affected by the parent, it’s unlikely that their visitation rights will be terminated for any of the reasons listed above.
What Happens If A Parent Violates The Visitation Rights Agreement?
No matter the reasons for a desired change in visitation rights, the custodial parent does not have the right to prevent the non-custodial parent from seeing and/or visiting their child.
Every modification a parent wishes to make to a visitation rights agreement must be presented to the court. By presenting these modifications, the court can choose whether or not to grant them.
None of these modifications can be made without reasonable grounds for doing so. Even if there are reasonable grounds, though, that doesn’t mean a modification request will be granted.
A parent who attempts to prevent the other parent from seeing and visiting their child will be committing an illegal act. Some of the consequences of this illegal act include:
- Paying the non-custodial parent’s legal bills when they contest the visitation rights violation.
- Being forced to take a post-divorce parenting class.
- The parenting plan being adjusted, granting the non-custodial parent more time with their child.
- More time being granted to the non-custodial parent, to make up for the time they lost.
Within the State of Florida, the act of preventing a parent from visiting and/or seeing their child, when they are legally allowed to do so, is taken very seriously
Speak With A Skilled Tampa Parenting Plan & Timesharing Lawyer
A parenting plan can be modified and, as such, visitation rights can be terminated. But, this is only if the parent works directly with the court.
Speak with a skilled Tampa parenting plan and timesharing lawyer today. We will assist you in changing your current visitation rights agreement or contesting violations of that agreement.
Sources:
law.cornell.edu/wex/visitation_right
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0039/Sections/0039.806.html
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html