Are There Visitation Rights In Sole Physical Custody?
When parents in Florida separate or divorce, there are several different kinds of child custody arrangements they can pursue. Although it is not the norm, there are certain situations where sole custody may be the best option. Sole custody can be physical or legal, or both. Physical custody is which parent the child physically lives with, while legal custody refers to the ability to make decisions for the child. Since courts recognize it is usually not in a child’s best interests to be completely cut off from one parent, the noncustodial parent may have some visitation rights in a sole custody arrangement.
Types of visitation
There are three basic types of visitation a noncustodial parent could be awarded in a sole custody situation. These arrangements include:
- Supervised visits: These visits take place at a certain time and location, and are typically supervised by a counselor, mental health professional or family members.
- Unsupervised visits: The noncustodial parent gets scheduled time with the children but does not have to be supervised.
- Virtual visits: These are phone calls or Zoom meetings rather than in-person visits. This is usually when parents live in different locations.
There are cases when a noncustodial parent will not have any visitation rights. This is usually in situations of neglect or abuse, or if the noncustodial parent is not able to care for the child.
Legal help with child custody matters
Parents can negotiate a custody or parenting plan outside of court to determine what arrangement is the best fit for them. If one parent wants sole custody and the other parent does not agree, the court will determine the custody arrangement by using the “best interests of the child” standard. Any parent in Florida who needs help with child custody matters has the right to speak with a legal representative. A knowledgeable attorney can provide guidance and work to obtain the desired outcome relative to the situation.