When Will I Get to See My Children?

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Has your spouse petitioned for divorce and is now keeping your children from you? If so, you are likely wondering when you will get to see your children. There are several scenarios that could affect when you will be able to see your children.

Traditional Litigation Approaches

If your spouse simply refuses to allow you to see your children, and there is not yet a court order in place governing when each parent has time with the children, you may have to wait a few months before you see them. Of course, you have just as much right to your children as your spouse. But if your spouse is refusing you access, it likely isn’t in your children’s best interests to force the issue and cause an altercation. Depending on your situation, you may need to move for an emergency hearing to have the judge decide temporary timesharing as expeditiously as possible. Even in situations where a parent is denying the other parent access, a judge may require that parties mediate before allowing a temporary relief hearing to be set.

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Are Florida Divorce Courts Anti-Dad?

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Over the past few years, there has been a movement to overhaul the alimony and child custody laws of Florida and other states.  This is because husbands and fathers have felt like they are under siege in the family law court system.  They have a glimmer of hope that, if only the laws were changed, then maybe they could get the respect and dignity that they deserve when entering a courtroom.

Map of Florida Circuit Courts

So this bring up a fundamental question:  Are Florida’s family law courts anti-father?

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Sample Florida Child Custody Schedules

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In each Florida family law case (such as divorce or paternity) that involves the custody of a child, Florida law requires that a parenting plan be established.  One of the most important elements of a parenting plan is the child custody schedule, now known as a “time-sharing” schedule.

Family Law Tip:  You should never let a judge decide your child’s time-sharing schedule.  A judge does not know your family dynamics and bases such decisions on very limited information, and usually the judge is seeing parents, especially divorcing parents, at the worst time in their lives.  Instead, you and your co-parent should use a private form of dispute resolution, such as collaborative family law.

As I tell clients who come to my Tampa office, there are many different types of time-sharing schedules.  Below are some samples provided by the 12th Judicial Circuit (which includes Sarasota and Manatee Counties).  The parent who is listed in a box is the one whom the child will be staying with overnight:

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