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

Attorney/Mediator Beth Reineke

When a couple goes through the challenging process of divorce or separation, one of the most crucial aspects to address is the well-being and care of their minor children. Under Florida law, this is referred to as "visitation" or "time-sharing," it involves determining how each parent will spend time with their children after the relationship has ended. 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. On this page, we will delve into the concept of visitation/time-sharing with minor children under Florida law and explore how mediation can facilitate arriving at an agreement that serves the best interests of the children and the parents involved.

Visitation/Time-Sharing in Florida: An Overview

Visitation or time-sharing refers to the allocation of time 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 (if applicable), 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 matters.

The Role of Mediation in Resolving Visitation/Time-Sharing 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, 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 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.