One of the most emotional and difficult questions parents ask during a divorce or separation is, “Can my spouse keep me from seeing my child?” It’s a heartbreaking situation when one parent tries to block or limit the other’s access to their child, and it often leaves parents feeling powerless, confused, and scared about what comes next.
The good news is that Florida custody laws for visitation are clear: neither parent has the right to keep a child away from the other without a valid court order. These decisions are based on the best interests of the child, not the parents’ personal wishes or emotions towards each other, and Remsen Family Law Firm is committed to helping parents navigate these difficult situations.
Can My Spouse Legally Prevent Me from Seeing My Child?
One parent cannot legally withhold a child from the other parent unless a court order specifically allows it. In Florida, courts have moved away from the traditional concept of any one parent having “custody”, and now focus instead on Parenting Plans, which outline each parent’s time-sharing and decision-making responsibilities. Until a court-approved plan is in place, parental rights and responsibilities are equal. If your spouse is refusing to let you see your child without a legal order, they are likely violating your parental rights in Florida. Judges often view this behavior negatively, as it demonstrates a lack of willingness to foster a relationship between the child and the other parent—a key factor in determining a parenting plan for time-sharing. Consult with your child custody lawyer and follow these Do’s and Don’ts when Co-Parenting After Divorce.
What Is a Parenting Plan and Why Is It Important?
A parenting plan is a court-approved document that sets out how parents will share:
- Time-sharing (visitation): The schedule of when each parent will have time with the child, including weekdays, weekends, holidays, and school breaks.
- Parental responsibility: Who makes important decisions about the child’s health care, schooling, religious upbringing, and extracurricular activities.
- Methods of communication: How parents will communicate with each other and with the child (for example, phone calls, video chats, or emails).
Having a clear parenting plan helps prevent disputes and provides stability for the child. If your spouse is not following the plan, you have legal recourse to enforce it.
What If My Spouse Refuses to Follow the Parenting Plan?
If your spouse is withholding visitation, canceling your scheduled time without reason, or otherwise refusing to comply with the parenting plan, Attorney Frank P. Remsen, an experienced Lake County, Florida child custody lawyer can file a Motion for Contempt or Enforcement.
The court can:
- Order “make-up” parenting time for the days you were denied.
- Impose fines or other penalties to encourage compliance.
- Require the non-compliant parent to pay your attorney’s fees.
- In extreme cases, modify custody arrangements to give you more time.
Courts take violations of parenting plans seriously because children benefit most when both parents are consistently involved in their lives. Remsen Family Law can explain the consequences of not following a parenting plan.
Does the Parenting Plan Include Financial Responsibilities?
A Florida parenting plan does not outline financial responsibilities such as child support, medical costs, or extracurricular expenses. Instead, these obligations are determined separately under Florida Statute 61.30, which provides the guidelines for calculating child support. The statute considers each parent’s income, the number of overnight visits, health insurance costs, daycare expenses, and other relevant factors. While some parenting plans may outline how parents will share additional costs, the enforceable financial obligations typically stem from the child support order—not the parenting plan. Remsen Family Law can provide the legal representation you need if your spouse refuses to pay child support.
Can My Spouse Keep My Child Away Because They Don’t Like Me?
Florida custody laws for visitation are based on the best interests of the child—not a parent’s personal dislike, resentment, or anger. Judges carefully consider whether each parent is willing to bolster the child’s relationship with the other parent. If your spouse tries to block you from your child for no legitimate reason, it may actually hurt their case in court.
The only situations where restricting time with a parent may be allowed are when there are legitimate safety concerns, such as abuse, neglect, substance abuse, or domestic violence. Even then, the court may order supervised visitation instead of completely severing contact.
What If I’m Concerned About My Child’s Safety?
On the other hand, if you believe your child is not safe while with your spouse, you do have legal options. Your lawyer for child custody can request an Emergency Modification of Custody if there is evidence of abuse, neglect, or other serious risks. The court will review your evidence—such as medical reports, police records, or witness testimony—and may order temporary or permanent changes to protect your child.
Remember, courts prioritize the child’s well-being. If your concerns are legitimate, the judge will take them seriously.
Can My Spouse Move Away with My Child Without Permission?
Florida law requires that if a parent wishes to relocate more than 50 miles away for at least 60 days, they must either obtain the written consent of the other parent or seek court approval.
If your spouse moves without following these requirements, your lawyer for child custody can file an objection, and the court may order the child to be returned. Relocation decisions are also based on the child’s best interests, considering factors like school stability, extended family, and the ability of both parents to maintain a strong relationship with the child.
What Happens If We Don’t Have a Court Order Yet?
If you and your spouse are separated but have not yet finalized a divorce or established a parenting plan, things can feel uncertain. Technically, both parents have equal rights to the child. However, disputes often arise when one parent tries to take control.
Without a court order, it is difficult to enforce visitation rights. That’s why it’s crucial to work with trusted family law attorneys, such as Ramsen Family Law, to create a parenting plan and have it approved by the court. This provides legal protection and ensures both parents are on equal footing.
What If We Were Never Married?
Unmarried parents in Florida face similar issues when it comes to visitation. Both parents have parental rights in Florida, but if the parents were never married, the father may need to establish paternity before seeking visitation. Once paternity is established, the same rules about parenting plans and time-sharing apply.
What to Do If Your Spouse Keeps Your Child from You
If your spouse is keeping your child from you, here are steps you can take:
- Stay calm and document everything. Keep a record of missed visits, canceled plans, or hostile communications.
- Refer to your parenting plan. If you already have one, remind your spouse of the schedule.
- Avoid taking matters into your own hands. Do not retaliate by withholding the child from your spouse—it could harm your case.
- Contact Remsen Family Law. Our experienced child custody lawyer can help you file the right motions and protect your rights.
- Seek enforcement through the court. Judges have the authority to enforce or modify parenting plans when violations of these plans occur.
Remsen Family Law Will Protect Your Parental Rights
Disputes over visitation can be overwhelming, but you don’t have to face them alone. If your spouse is trying to keep your child away from you, it’s important to take action quickly to protect your parental rights in Florida and preserve your relationship with your child.
At Remsen Family Law Firm, our Lake County Family Law attorneys are dedicated to providing expert guidance in these difficult situations. We can help you establish a parenting plan, enforce your visitation rights, or request modifications if your child’s safety is at risk. Above all, we work to ensure your child’s best interests are always at the center of the case.
Call (352) 221-9389 today to schedule a consultation at one of our three convenient locations in Clermont, Tavares, and Lake Mary to learn how we can help you protect your parental rights in Florida.
