This is the next post in my series on whether there is a time when children in Melbourne, Florida can stop visitation with one of their parents. My last article provided an overview of topics which this series will be addressing. It also stressed the need to speak with an attorney as soon as possible if you are in a legal dispute with your ex. It is important that you speak with counsel as engaging in argument with your ex can sometimes hurt your case more than it will help it. In this article I will be discussing whether there is an age at which children automatically gain the right to refuse visitation with a parent. If you are in need of assistance then contact my office today to speak with a child custody lawyer.
Florida children do not gain the right to completely stop visitation until they reach the age of eighteen
Florida is like most other states in the union in that a child does not automatically gain the right to refuse visitation with a parent until they reach the age of majority, which is eighteen. A child must abide by all Court orders, regarding visitation, until that time. It is important to understand, however, that Courts will often give older teenagers a great deal of leeway as to how their visitation schedule will be managed. This is due to commitments that such children may have with school, extracurricular activities, as well as their desire to be with their friends as opposed to their parents. The extent of any flexibility given to a child will depend on the specifics of a case.
Consider the following example. Jack and Jill have a sixteen year old daughter who is in high school and plays on the basketball team. The daughter is also involved in other extracurricular clubs. Basketball games and other activities are sometimes held on the weekends and the child has school during the week. In a scenario such as this, the Court may rule that Jack is to have visitation with the child eight days per month, instead of every weekend. Which eight days Jack will receive is going to be based on the child’s schedule. While the child may be given reign to choose which eight days she spends with Jack each month, she is required to meet this obligation. If Jack does not receive his eight days of visitation each month then the Court may reduce the level of discretion given to the child. While any case will depend on the facts of the matter, this example illustrates how the Court may deal with an older teenager.
Contact a Melbourne child custody lawyer immediately if you are not receiving your court ordered visitation
If a parent is not receiving their court ordered visitation then it is important that they speak with an attorney as soon as possible. The longer one allows a situation to go on, in which they are not receiving their visitation, then the more likely the Court is to think that the parent is not actively requesting their time with the child. This can result in the Court finding that no change to the current arrangement is necessary. By taking immediate action, one is more likely to demonstrate to the Court that the current situation should not be considered the status quo. This can help in any arguments for a custody modification or for compensatory time.
If you are involved in a family law dispute then contact my office today to speak with a Melbourne child custody lawyer. My office practices solely in the area of family law and we will give your case the attention it deserves. This includes promptly responding to phone calls, quickly replying to emails, and making sure you are kept up to date as to the status of the situation. Contact us online or by telephone today. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.