When Can I See My Kids if My Ex Won Primary Physical Custody?

Although joint custody is more common in Florida, sole physical custody is also a possibility. If your ex won sole physical custody in the Sunshine State, you might be wondering where this leaves you. When can you see your children? How much control does your ex have over your visitation rights? Can they still stay over at your place? To answer these questions, you might want to speak directly with a custody lawyer in Orlando.

Almost All Parents Have Visitation Rights 

If your ex won primary physical custody, you should still have visitation rights. Family courts in Florida believe that children benefit from regular contact with both parents. Even if they decide that your child should live primarily with your ex, courts allow you to visit regularly. In fact, they encourage these visits. If your ex attempts to prevent you from visiting, they will likely encounter legal issues.

It is very difficult for a parent to lose visitation rights altogether. Even those who have committed serious acts of misconduct can visit their children. These include criminals and even incarcerated inmates. You will only lose visitation rights if family courts believe that your children face serious harm during visits.

When Can I Visit My Children if I Don’t Have Sole Physical Custody? 

Your visitation rights depend on the specifics of your case. Courts may allow a wide range of visitation rights based on your circumstances. To determine when you might be allowed to visit your child, consider why your ex was given primary physical custody in the first place.

If your ex was granted primary physical custody for purely logistical reasons, you should have plenty of opportunities to visit. For example, your ex might have won primary physical custody because they live closer to the child’s school, friends, and community. Perhaps your ex won custody because they have more free time to look after the child. In these situations, you may have extended visits with your children. For example, your child might stay over a few nights each month. You might even organize a vacation with your children, as long as you get permission from your ex and the family court.

If your ex won primary custody because of a perceived danger to the children, things might be different. For example, you might have lost shared custody because of a substance abuse issue. Perhaps you were accused of kicking the family dog – which can be considered a form of domestic violence. In these situations, you might have to fight for your visitation rights. You might also have supervised visits.

Work with a Custody Lawyer in Orlando 

Each family is different, and your custody issues likely require personalized attention. If your ex has won primary physical custody of your children, you can still fight for your parental rights alongside a child time sharing attorney in Orlando. Work with Steve Marsee, P.A. to assess your options in more detail. During a consultation, you can discuss visitation rights, modifications, and much more. Reach out now to get started.

Sources: 

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

flcourts.gov/content/download/216000/file/Floridas_Dependency_Benchbook_FamilyTimeVisitationProtocols.pdf