How to Get Visitation Rights in Florida

Change the times that each parent visits the children.

Divorced parents can petition the Florida family court system to change visitation rights and set up new arrangements if the old ones do not work. Sometimes parents need to change the setup that they have due to changes in their current situation, or concern for the children depending on a parent's lifestyle. Going through the Florida family court system is the legal way to change the visitation status.

Things You'll Need

• form 905a

Instructions

1. Request form 905a from the Florida family courthouse or download form 905a from the Florida courts website. (see reference 2)

2. Fill out the petition titled "Supplemental Petition to Modify Parental Responsibility, Visitation or Parenting Plan/Time-Sharing Schedule and Other Relief." Include your name, the date the divorce was finalized, and the location of the original custody orders in your divorce agreement. Write down the change in the visitation situation, as well as the reason that you want to change the first agreement. Attach supporting documentation pertaining to your visitation arrangement and the reason it should change.

3. Write down how you want the arrangement to change. Include reasons for why you think this is in the best interest of the children. Sign the custody modification paperwork and have it notarized.

4. File the paperwork with the Florida Family courthouse in the county in which you live. Pay the fee to have the paperwork filed. The fee will vary depending on what county you file in.

5. Notify the other party that you are petitioning for a change in visitation, by delivering a copy of the court petition to the parent. Send it via certified mail or serve the paperwork by sheriff at the parent's place of residence.

6. Go to the Florida family courthouse on the day of the hearing and attend the child visitation hearing. Explain to the judge why you applied for the motion to modify child visitation and answer all the judge's questions truthfully. The judge will ask the other parent questions and give them a chance to respond to your complaint.

7. Receive the judge's response/orders in the mail. The orders that you get will be the final judgment regarding the visitation rights, and both parents will have to comply with the court orders.

Tips & Warnings

• Florida laws do not include grandparent or extended family visitation rights.

References

• Florida State Courts Self-Help; Family Forms
• Florida State Courts Self-Help; Supplemental Petition To Modify Parental Responsiblity, Visitation or Parenting Plan/ Time-Sharing Schedule and Other Relief