If you are a non-custodial parent in Florida, you may feel concerned about your role in your child’s life after separation or divorce. Although you do not have the majority of time with your child, Florida law gives you important rights to stay involved in decisions and spend meaningful time with your child. This article explains your rights clearly and simply, so you know what the law allows and how to protect your relationship with your child.
Understanding Parental Responsibility and Time-Sharing in Florida
Florida no longer uses the legal term “custody.” Instead, the state uses two key concepts:
- Parental Responsibility: This means the legal rights and duties to make decisions about your child’s health, education, and welfare.
- Time-Sharing: This refers to the schedule that shows how much time each parent spends with the child.
In most cases, Florida courts encourage both parents to share parental responsibility equally, meaning you and the other parent have a say in important decisions, unless the court finds a reason not to. However, one parent will usually have more time-sharing, meaning that parent spends more time physically with the child.
(Source: Florida Statutes § 61.13)
Your Right to Parenting Time
Even as a non-custodial parent, you have the right to spend regular, meaningful time with your child. Florida courts generally believe it is best for children to have frequent contact with both parents, except in cases involving abuse or safety concerns.
Your court-approved parenting plan will include a time-sharing schedule. This schedule outlines the days and times you are allowed to be with your child. It may cover regular weekdays, weekends, holidays, and vacations.
If your court order does not clearly set a time-sharing schedule, you can ask the court to create one that supports your relationship with your child.
(Source: Florida Statutes § 61.13(2)(c))
Your Right to Information About Your Child
As a non-custodial parent, Florida law gives you the right to access your child’s medical, dental, and school records unless the court specifically limits this access. This means you can be informed about your child’s health, educational progress, and any special needs.
It’s important to stay informed so you can participate in decisions and provide support. If you find it difficult to get this information from the custodial parent, you may request assistance from the court.
(Source: Florida Statutes § 61.13(2)(b)(3))
Shared Decision-Making Rights
Florida courts prefer that parents share decision-making responsibility. This means you and the other parent typically have an equal say in major decisions involving the child, such as:
- Healthcare and medical treatment
- Education and school choice
- Religious upbringing
- Extracurricular activities
If one parent is given sole decision-making authority by the court, the other parent’s rights may be limited, usually in cases involving safety or welfare concerns.
(Source: Florida Courts – Parenting Issues)
Notification of Major Events
You have the right to be notified about major changes or events in your child’s life. This includes:
- Emergency medical situations
- Changes in school or daycare
- If the child is moving to a new home, especially if it is far away
- Changes in childcare providers
Being informed allows you to stay involved and advocate for your child’s well-being.
(Source: Florida Supreme Court Parenting Plan Guidelines)
What to Do If Your Parenting Time Is Denied or Limited
Sometimes, the custodial parent may not follow the parenting plan or may limit your time without court approval. If this happens, you have options:
- Try to resolve the issue by communicating respectfully with the other parent, if possible. Written communication (texts or emails) can create a record of your attempts.
- Request court enforcement. You can ask the court to enforce the parenting plan and protect your rights. Florida courts provide free forms for enforcement petitions, and you do not need a lawyer to file them.
- Seek mediation or parenting coordination, if available, to resolve conflicts outside of court.
(Source: Florida Courts Self-Help Information)
Supporting Your Relationship With Your Child
Your relationship with your child depends on consistent, quality time and clear communication. Here are some practical ways to stay connected:
- Show up for all scheduled parenting time.
- Stay in touch through phone calls, video chats, or letters when you are not physically with your child.
- Keep communication positive and focused on your child’s well-being.
- Keep a parenting calendar or journal to track visits and important events.
Consequences of Not Following Court Orders
If you miss scheduled visits without good reason, or if you do not pay court-ordered child support, it may harm your parental rights. The court may modify parenting time or take other actions.
It’s important to follow the court order carefully and ask for changes through the court if your situation changes.
Resources for Non-Custodial Parents in Florida
- Visit the Florida Courts’ Self-Help Center for forms and information:
https://www.flcourts.org/Resources-Services/Family-Courts/Self-Help-Information - Review Florida Statutes § 61.13 for detailed legal language:
https://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html - Learn about parenting plans from the Florida Courts Office of Family Courts:
https://www.flcourts.gov/Resources-Services/Office-of-Family-Courts/Parenting-Issues - Parenting Plan guidelines (PDF):
https://www.flcourts.gov/content/download/403034/file/parentingplan.pdf
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Family law matters can be complex and vary based on individual circumstances. Consult a qualified Florida family law attorney for advice specific to your situation. Use of this information does not create an attorney-client relationship. For urgent legal assistance, contact a licensed attorney or legal aid provider.
