What rights do non-custodial parents have in Florida?

Talk to a Local Divorce Lawyer
Enter Your Zip Code to Connect with a Lawyer Serving Your Area
searchbox small

Question:

What rights do non-custodial parents have in Florida?

Answer:

Non custodial parents rights in Florida vary depending on the situation. Non custodial parents, unless they have waived their parental rights or those rights have been taken away for some reason, do still have the right to some access to their children. Further, they have the right to maintain a relationship with their kids without interference from the other parent. 

Custody may be decided in Florida by the parents, if they can agree, or by a judge if the parents cannot work things out on their own. When a judge decides custody, he does so by looking at several different factors in order to assess the best interests of the child. In some instances, it is in the best interests of the child to make one parent the custodial parent and the other parent the non-custodial parent. In these cases, however, this doesn't mean the non-custodial parent gives up all of his or her rights. 

  • Except in cases where the non-custodial parent is unfit, such as if abuse or neglect has occurred or if the parent suffers from mental illness or addiction, the non-custodial parent will likely still be granted visitation by the court even if he or she does not have shared custody. The parent will therefore have the right to have that visitation schedule upheld. If the custodial parent doesn't abide by it, the non-custodial parent can get a court order to make him, or can even get law enforcement involved to compel visits. 
  • The non-custodial parent usually also has access to medical and educational records of the child. 
  • The non-custodial parent also has the right not to be alienated from his child. If the custodial parent badmouths the other parent or otherwise takes steps to create hostile feelings, this parental alienation is taken seriously by the court. In some instances, the parent engaging in parental alienation may even lose custody of the child if the non-custodial parent can convince the court that the alienation is harming the child. 

If you are a non-custodial parent in Florida and you are concerned about your legal rights to your child, consultation with a lawyer is advised to ensure you are treated fairly under the law.

This article is provided for informational purposes only. If you need legal advice or representation,
click here to have an attorney review your case .

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.

LA-WS5:0.9.22.120430.13848