In family law, the word “visitation” often comes with emotions—hope, frustration, disappointment, or relief—depending on the family dynamic. But one thing is clear under Florida law: when a court approves a parenting plan, visitation becomes a legal obligation, not a casual arrangement. Unfortunately, many non-custodial parents treat scheduled visits as flexible or optional, not realizing that this mindset can lead to legal consequences, damage to their parental rights, and harm to their child’s emotional wellbeing.
Whether you’re a non-custodial parent navigating your role or a custodial parent trying to hold the other party accountable, understanding the law behind visitation and the real-life impact of inconsistency is essential.
Time-Sharing in Florida: What the Law Requires
Florida no longer uses the term “visitation” in its laws; instead, the courts use time-sharing, which is outlined in a Parenting Plan. This plan is not merely a suggestion—it is a binding court order that both parents must follow once it is signed by a judge. Every parenting plan must address how time will be shared, how decisions will be made, and how communication between the parents and children will occur (Florida Statutes §61.13).
The goal is to ensure that both parents remain actively involved in the child’s life in a way that supports the child’s best interests. This includes consistent scheduling—holidays, weekends, birthdays—and clear guidelines for communication and transportation. When either parent fails to follow the parenting plan without a valid reason or court-approved change, it is considered a violation of a court order.
When Skipped Visits Send the Wrong Message
It’s easy to underestimate the effect that missed visits have on children, especially if they’re young or don’t vocalize their feelings. But professionals agree: children internalize broken promises. According to the American Psychological Association, regular, predictable involvement by both parents fosters emotional security and supports healthy child development. When one parent cancels often, is chronically late, or fails to show up, it sends a message that the child may not be important or valued—whether or not that’s the parent’s intention.
This isn’t just about hurt feelings. Over time, these patterns can affect a child’s ability to form trusting relationships, regulate their emotions, and feel safe in their family structure. Consistent time-sharing, on the other hand, builds a sense of normalcy and stability that kids desperately need, especially after a divorce or custody battle.
Legal Consequences for Ignoring Visitation
Florida courts do not look kindly on parents who ignore or minimize their time-sharing obligations. If one parent routinely misses visits, the other parent can file a Motion for Civil Contempt/Enforcement with the court (Florida Courts Self-Help Center). This legal action requests the court to enforce the parenting plan and hold the non-compliant parent accountable.
Consequences may include:
- Make-up time to restore lost visits
- Court-ordered parenting classes
- Fines or sanctions
- Supervised visitation in serious or repeated cases
- Modification of the parenting plan, reducing the non-compliant parent’s time
In extreme cases, repeated failures to follow a court-ordered parenting plan can be considered grounds for modifying custody arrangements. The court’s guiding principle is always the child’s best interests, and a parent who fails to prioritize consistency may lose time-sharing rights as a result (Florida Statutes §61.13(3)).
If You’re the One Struggling to Show Up
It’s important to recognize that many non-custodial parents genuinely struggle to keep up with visitation. Transportation issues, work conflicts, health problems, or unresolved emotional stress can make regular time-sharing feel overwhelming. If you’re in this position, don’t disappear or avoid the issue—communicate and document.
Here are steps you can take:
- Notify the other parent in writing as soon as you know you can’t make a visit
- Offer to reschedule, if your parenting plan allows flexibility
- Seek a legal modification if your life circumstances have changed significantly
- Contact legal aid organizations for help, especially if you can’t afford an attorney
Organizations like Florida Legal Services and Community Legal Services offer assistance to low-income parents navigating these challenges.
Ignoring the issue only worsens the situation. The courts are more understanding of parents who seek help and follow procedures than those who simply stop showing up.
Showing Up Matters More Than Being Perfect
At the end of the day, time-sharing isn’t about ticking off boxes—it’s about showing up for your child. Even short visits, video calls, or check-ins by text can make a lasting impression when done consistently and with care.
If you want to maintain your parental rights and build a strong relationship with your child, the most important thing you can do is be present. Not just physically, but emotionally and legally. Following the parenting plan shows the court—and your child—that you’re committed to being the kind of parent they can count on.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Family law matters can be complex and vary by case. For personalized guidance, please consult a licensed Florida family law attorney or a qualified legal aid provider. Accessing or reading this article does not create an attorney-client relationship.
