Florida Laws on Visitation

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      The visitation laws of Florida are specified in the Florida Administrative Order 5-20.3. This order outlines the guidelines for visitation in the state. In this order, the parent with physical custody (parent with whom the child lives) is referred to as the "Primary Residential Parent" the parent that is granted visitation rights is referred to as the "Secondary Residential Parent."

    Medical Provisions

    • If the child has medical prescriptions or other treatment, both parents are to administer the specified therapy or medication as prescribed for the child. The name and contact information of the child's physician must be shared between parents. If the child has a medical emergency, the parent who has the child must notify the other parent no later than three hours after the child has been taken to the medical professional. Illness of a child will not prevent visitation unless the child is hospitalized.

    Communication

    • Provided that both parents have telephones in the home, children are entitled to communication with either parent. Any letters, cards, gifts, or correspondences of any type given by either parent shall be immediately given to the child by the other parent. If either parent goes out of town with the child for more than three days, that parent is to provide the other parent with contact information, general itinerary, and times and dates of departure and return. If either parent is to relocate or change phone numbers, the current address and phone number shall be given to the other parent.

    Scheduled Events

    • Both parents are permitted and encouraged to attend and participate in any extracurricular activities that the child may be involved in. Parents caring for the child should also assure the child's attendance to such events.

    Child Support

    • The lack of payment of child support does not prohibit visitation rights. Conversely, denial of visitation does not warrant refusal to pay support. Child support and visitation are separate matters and should not be used as tools of manipulation. Child support does not stop during periods of visitation unless the court has made this determination.

    New Spouse

    • Children are not to be encouraged to refer to a new spouse or companion as "Father," "Dad," "Mother," "Mom," or similar names. The other parent is not to be adversarial or threatening to the new spouse or companion.

    Removal of Child From School

    • The secondary residential parent is not permitted to remove the child from school or daycare early for visitation purposes, unless there has been a prior agreement with the primary residential parent.

    Transportation

    • The secondary residential parent must pick up the child for the visit and the primary residential parent must pick up the child after the visit is over, if the parent lives within a 150-mile radius of the other parent. If the distance is further, the court will decide what transportation measures will be appropriate.

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