Am I Going to Lose Access to My Kids if I Get Divorced?

Divorce is a big life change, and when kids are involved, it can feel even more overwhelming. If you’re going through a divorce in Florida, you might be worried about whether you’ll still get to see your kids or if the court will limit your access. It’s a common concern, but the good news is that Florida law aims to keep both parents involved in their children's lives whenever possible. The goal is to ensure that your kids have a stable, healthy relationship with both of you.

Let’s break down some key points about child custody and visitation in Florida, so you can feel more confident as you navigate this process.

1. Florida’s Parenting Plan System

In Florida, the term "custody" isn't used as it is in other states. Instead, Florida courts talk about parental responsibility and time-sharing. Under Florida law, the court requires divorcing parents to submit a parenting plan, which outlines how parental responsibilities will be divided and when each parent will spend time with the children.

The parenting plan is a written agreement that includes:

• Time-sharing schedule: When the child will be with each parent.
• Decision-making authority: Which parent has the authority to make decisions regarding the child’s health, education, and welfare.
• Communication: How both parents will communicate with the child when they’re not physically together.

The court typically encourages both parents to share these responsibilities, unless there’s a strong reason not to.

2. Florida’s Focus on the Best Interests of the Child

Under Florida law, the court’s main focus is always the best interests of the child. This means that the court looks at what’s healthiest and most beneficial for the child when determining a time-sharing schedule. Florida law presumes that children benefit from having both parents involved in their lives, so it’s unlikely you’ll lose access to your kids unless there are serious concerns about your ability to provide a safe environment.

The court considers factors like:

• Each parent’s ability to encourage a close and continuing relationship between the child and the other parent.
• Each parent’s involvement in the child’s school and extracurricular activities.
• The emotional ties between the child and each parent.
• Any history of domestic violence or substance abuse.

If both parents are capable of providing a loving and stable environment, the court will work toward ensuring that each parent has ample time with the children.

3. Shared Parental Responsibility

In Florida, shared parental responsibility is the preferred arrangement. This means both parents share in making important decisions for their child’s life, such as education, health care, and religious upbringing. Florida courts generally favor this unless one parent is deemed unfit due to issues like domestic violence, neglect, or substance abuse.

Even if one parent has more time-sharing (physical custody), they will usually still share legal responsibility for major decisions with the other parent.

4. Time-Sharing (Physical Custody)

In Florida, time-sharing refers to how much time the child spends with each parent. The time-sharing schedule is part of the parenting plan, and it outlines when the child will be with each parent, including overnights, weekends, holidays, and vacations.

The courts aim to maximize both parents’ involvement. This could mean different schedules depending on what works best for the child’s well-being and the parents’ availability. If one parent gets more time, the other will still have a right to meaningful and regular visitation.

5. Will I Lose Access to My Kids?

Under Florida law, you’re unlikely to lose access to your kids unless there are serious issues at play, like domestic violence or child endangerment. Florida courts strive to maintain relationships between children and both parents because they recognize that children thrive when they have the love and support of both parents.

However, if there are safety concerns, such as a history of abuse or substance abuse, the court may limit or supervise visitation to protect the child. In extreme cases, a parent could lose time-sharing rights, but this only happens if it’s in the child’s best interest.

6. What If We Can’t Agree on a Parenting Plan?

If you and your spouse can’t agree on a parenting plan, the court will step in and make decisions based on what’s best for your child. This might involve hearings where both parents present evidence and testimony, and the judge will consider various factors to create a plan that benefits the child.

It’s always better to try to work out a plan with your ex-spouse, but if you can’t, the court will create a schedule that allows both parents to be involved, unless there are reasons to limit one parent’s time.

7. Relocation After Divorce

If you or your ex-spouse plan to move more than 50 miles away after the divorce, Florida law requires you to follow certain steps. You’ll need to either get the other parent’s consent or seek the court’s permission to modify the time-sharing schedule. If relocation would negatively affect the child’s relationship with the other parent, the court may deny the request. In some cases, the court will adjust the time-sharing schedule to account for long-distance parenting.

8. Focus on Communication and Cooperation

In Florida, the court strongly encourages both parents to work together to support the child’s best interests. This means communicating openly and putting aside personal differences to focus on what’s best for your child.

Here are some ways to stay involved:

• Make the most of your time-sharing schedule: Be present and engaged when you’re with your kids, and stay connected even when they’re with the other parent.
• Follow the court’s guidelines: Stick to the parenting plan, be respectful of your ex-partner’s time with the kids, and maintain a positive environment for your child.
• Stay flexible: Life changes, and sometimes you’ll need to be flexible with schedules and arrangements. As long as both parents are putting the child first, adjustments can be made.

Frequently Asked Questions

If you're facing a family law matter in South Florida, the experienced attorneys at Yaffa Family Law Group's Nuptial Agreements practice are here to help. Our team understands Florida family law and can guide you through every step. View all our practice areas or contact us today for a confidential consultation.

Under Florida law, losing access to your children after divorce is not something that happens typically unless there are serious safety concerns. The courts strive to keep both parents involved in their child’s life through shared parental responsibility and fair time-sharing schedules. If you’re a caring and involved parent, you can expect to remain a big part of your kids’ lives, even after divorce.

As long as you follow the court’s guidelines, work together with your ex-spouse, and focus on the well-being of your children, you’ll have the opportunity to maintain a meaningful relationship with them.