Experienced Child Custody Mediator in Tampa Bay, Florida

Understanding Visitation/Time-Sharing With Minor Children Under Florida Law: Arriving at an Agreement During Mediation

Attorney/Mediator Beth Reineke

Whether a couple is married, unwed with children, or built their family through adoption, surrogacy, or assisted reproductive technologies, when they go through the challenging process of divorce or separation, the end of their relationship marks deciding one of the most crucial aspects of their futures: The well-being and care of their minor children.

Under Florida law, “visitation” is now called “time-sharing” and involves determining how each parent will spend time with their children going forward. The concept of visitation/time-sharing may be straightforward in the eyes of the law, but parents often see it differently.

Child visitation decisions can be an emotionally charged process for both parents. Feelings of anger, resentment, and hurt can intensify disputes, making it challenging for parents to separate their personal emotions from decisions about visitation. While litigation is a standard route to resolve such matters, many couples are turning to alternative methods like mediation to arrive at mutually agreeable solutions.

Mediation promotes effective communication between parents by facilitating a constructive dialogue, allowing parents to express their concerns and interests more respectfully in a trusted, confidential environment.

Contact Beth Reineke to discuss whether your Florida child visitation negotiation needs are a good fit for pre-suit mediation or another form of alternative dispute resolution during a free phone consultation.

How are Child Visitation and Time-Sharing Determined in Florida?

Visitation or time-sharing refers to the allocation of time and overnights that each parent spends with their minor children after a divorce or separation. Florida law emphasizes the importance of creating a time-sharing plan that promotes the child’s best interests and provides both parents with meaningful and frequent contact with their children, whenever possible.

• Determining the Best Interests of the Child

Florida courts consider various factors when determining the best interests of the child. Some of these factors include each parent’s ability to provide a stable home environment, their willingness to encourage a strong relationship between the child and the other parent, the child’s age and preferences (under certain limited circumstances), and each parent’s physical and mental health.

• Creating a Parenting Plan

Florida law requires divorcing or separating parents to create a parenting plan that outlines the specifics of time-sharing arrangements. This plan should cover various aspects, including the regular schedule for visitation, holiday and vacation time-sharing, communication between parents and children, and decision-making authority regarding the child’s education, healthcare, and other important child-related matters.

Disputes over parenting styles, communication issues, and unresolved conflicts may contribute to disagreements about visitation arrangements. When child visitation and time-sharing agreements are stifled by high levels of conflict that spill over and impede meaningful and productive discussions, mediation can help isolate the emotional and psychological impact of divorce and separations on the children, diminishing the intensity of visitation disputes.

Contact the Tampa Bay child visitation mediator, Beth Reineke, who can help you determine if pre-suit mediation or post-filing mediation is right for your family law circumstances during a free phone consultation.

The Role of Mediation in Resolving Florida Time-Sharing and Visitation Disputes

Mediation has emerged as a highly effective alternative to traditional litigation when it comes to resolving visitation/time-sharing disputes. As a Supreme Court Certified Florida divorce mediator with extensive experience in family law, Beth Reineke has witnessed firsthand how mediation can provide couples with a more collaborative and efficient way to arrive at mutually satisfactory solutions.

• Neutral Mediation Process

Mediation involves a neutral third party, the mediator, who facilitates communication and negotiation between the parents. As a neutral entity, the mediator does not take sides or impose solutions but rather guides the parents in exploring their concerns, interests, and potential solutions.

• Open Communication

One of the primary benefits of mediation is that it encourages open and constructive communication. Parents can express their concerns, wishes, and viewpoints directly, but respectfully, creating a space for better understanding and empathy between both parties.

• Customized Solutions

Unlike litigation, where a judge’s decision is binding and might not fully align with the family’s unique dynamics, mediation allows parents to craft a time-sharing parenting plan that is tailored to their specific needs and the needs of their children.

• Preserving Relationships

Mediation often leads to more amicable resolutions, which can help preserve a more positive co-parenting relationship in the long term. This is especially important for the child’s emotional well-being, as they can continue to feel supported by both parents.

Attorney Beth Reineke is a Florida Supreme Court Certified Divorce Mediator. Drawing on more than 30 years of experience litigating, mediating, and settling child visitation cases in the Tampa Bay Area, she conducts virtual and in-person mediations for families in Hillsborough, Pinellas, and Pasco Counties and provides free phone consultations for Florida parents.

The Mediation Process: Arriving at a Visitation/Time-Sharing Agreement

1. Initial Mediation Session: The mediation process typically begins with an initial mediation session where both parents and the mediator meet to discuss the issues at hand and clarify the mediation process.
2. Information Gathering: Each parent provides information about their desired time-sharing arrangements, work schedules, and any other relevant factors that might impact the visitation plan.
3. Identifying Concerns: The mediator helps each parent identify their concerns, priorities, and any potential areas of conflict. This step sets the stage for productive negotiation.
4. Exploring Options: Through guided discussions, the parents explore various options for visitation/time-sharing. The mediator might propose creative solutions that align with the best interests of the child.
5. Negotiation and Compromise: The mediator facilitates negotiations, encouraging both parents to consider the other’s perspective and find common ground. This might involve compromises and adjustments to ensure a balanced outcome.
6. Drafting the Agreement: Once an agreement is reached, Beth Reineke will formalize it into a written document, outlining the details of the time-sharing plan and any other relevant terms.
7. Court Approval: Upon review and approval by both parties, the written agreement is submitted to the court for final approval. In most cases, the court respects and upholds agreements reached through mediation, as they are the result of collaborative efforts.

In Conclusion

As a seasoned family law attorney and mediator, Beth Reineke has seen firsthand the positive impact that mediation can have on families navigating the challenges of divorce and separation. The process encourages open communication, fosters understanding, and empowers parents to arrive at agreements that reflect the best interests of their children. If you are facing visitation/time-sharing disputes in the Tampa Bay Area, including Hillsborough, Pinellas, and Pasco Counties, consider exploring the option of mediation as a constructive and efficient way to address your family’s needs. Remember that the primary goal is to provide a stable and nurturing environment for your children during this transitional period.

Disclaimer: This page is for informational purposes only and should not be considered legal advice. Consult with a qualified family law attorney for advice tailored to your specific situation.