Child Visitation Attorney in Lakeland

Over Two Decades of Family Law Experience, Inside the Courtroom & Out

Florida no longer uses the terms “custody” and “visitation” in its statutes. Since 2008, Chapter 61 of the Florida Statutes has governed these matters under the language of “timesharing” and “parenting plans”. But parents still search for visitation help, and the disputes are just as real. Whether you’re establishing a parenting plan for the first time, enforcing one your co-parent is ignoring, or seeking a modification, I represent clients in Polk County family court with the focus those stakes demand.

Effective July 1, 2023, Florida added a rebuttable presumption of equal timesharing under Florida Statute §61.13. Courts now begin with the assumption that equal time serves the child’s best interests. A parent opposing equal timesharing must prove by a preponderance of the evidence that equal time doesn’t serve the child’s best interests. This is a significant shift that changes how families should approach both initial plans and modification petitions. Knowing how the 10th Judicial Circuit applies this standard locally is part of what I bring to every case.

Advocate Law Firm, P.A. offers free consultations, virtual appointments, and bilingual services in English and Spanish. If you’re looking for a child visitation attorney in Lakeland who understands both the statute and the courtroom, call (863) 644-5566 to get started.

Contact our child visitation attorney in Lakeland at (863) 644-5566 to schedule a free consultation.

Why Choose Advocate Law Firm, P.A. for Visitation Matters in Lakeland

Founded by Melissa A. Wilson, Advocate Law Firm, P.A. has handled family law matters in Polk, Hillsborough, and Osceola County for over two decades. That experience spans the full range of timesharing disputes: initial parenting plans, enforcement actions, modifications, and high-conflict cases where negotiation alone won’t resolve the disagreement.

One credential sets this firm apart from most child visitation lawyers in Lakeland: I’m a certified mediator. That means I can facilitate mediation for timesharing disputes in addition to litigating them. Many families benefit from reaching an agreement outside of court. It’s faster, less adversarial, and better for the co-parenting relationship going forward. When a negotiated resolution isn’t possible or the other parent won’t comply, I represent clients aggressively before the Polk County family court. Handling both paths means the strategy fits your situation, not the other way around.

Bilingual service in English and Spanish extends that representation to more of Lakeland’s families. Virtual consultations are available for clients who can’t come to the office. Step-by-step guidance through each stage of the process comes standard.

Florida’s Timesharing Framework: What Lakeland Parents Need to Know

Florida Statute §61.13 governs all parenting and timesharing decisions. The court’s primary obligation is determining what arrangement serves the best interests of the child, and it evaluates that question through a set of statutory factors. These include each parent’s willingness to support a continuing relationship between the child and the other parent, the capacity to honor a timesharing schedule consistently, the ability to provide a stable daily routine, the child’s school and community record, and evidence of domestic violence or substance abuse. The child’s own preference may also be considered when the court finds the child sufficiently mature to express a meaningful view.

The 2023 amendment matters in practice. Before it took effect, a parent proposing equal timesharing had to build an affirmative case for it. Now the presumption runs the other direction: equal timesharing is the starting point, and the parent who wants something different carries the burden of proof. Polk County judges may apply this standard in both initial proceedings and modification hearings.

A parenting plan is the court-required document that puts all of this in writing. It allocates decision-making authority over education, healthcare, and extracurricular activities, and it sets the timesharing schedule for regular weeks, weekends, holidays, school breaks, birthdays, and virtual contact. The plan must be approved by the court to be enforceable. Florida courts encourage parents to agree on the terms. When they can’t, the judge decides after evaluating all §61.13 factors.

Enforcing Timesharing When a Parent Refuses to Comply

A court-approved parenting plan is a court order. When one parent willfully violates it by denying scheduled time, blocking communication, or unilaterally changing the arrangement, Florida law provides remedies, and I help clients use them.

How the Enforcement Process Works

Enforcement starts with documentation. Every denied visit, missed exchange, and relevant communication should be recorded with dates, times, and details. From there, a motion can be filed with the court that issued the original order. Under §61.13(4)(d), willful violations can result in contempt of court. Florida recognizes both civil contempt, which is designed to compel future compliance, and criminal contempt, which addresses past violations. Consequences a court may impose include make-up timesharing, mandatory parenting courses or counseling, and, in persistent cases, incarceration.

Attorney’s Fees & Cost Protections

Attorney’s fees are also in play. Under §61.13(4)(c)(2), a court may order the parent who unjustifiably denied timesharing to pay the other parent’s attorney’s fees. Enforcement can be prohibitively expensive for the parent who did nothing wrong. I represent clients who are being denied court-ordered timesharing and help them document violations and file enforcement motions in Polk County family court.

Polk County Mediation & the 10th Judicial Circuit

Polk County family law cases fall under the 10th Judicial Circuit Court, which maintains a dedicated Alternative Dispute Resolution department staffed by Florida Supreme Court-certified family mediators. The Polk County Clerk’s Family Mediation Department specifically offers services for parties who encounter difficulties exercising court-ordered timesharing rights. Florida family courts actively encourage parents to resolve disputes through mediation before proceeding to a full hearing. It can be faster and less costly than contested litigation, and agreements reached in mediation can be more durable because both parents helped shape them.

As a certified mediator, I can represent clients through the 10th Judicial Circuit’s mediation process or facilitate mediation directly. For cases that require litigation, I know how Polk County judges apply §61.13 and what it takes to build a credible record for the court.

Frequently Asked Questions

What Determines a Child’s Timesharing Schedule in Lakeland?

Polk County judges apply the best-interest factors under Florida Statute §61.13, including the child’s age and school record, parental proximity, each parent’s ability to provide a stable environment, and any history of domestic violence. Since July 2023, courts also begin with a presumption of equal timesharing, so the schedule starts there unless a parent shows that equal time doesn’t serve the child’s best interests. A visitation attorney in Lakeland can help you understand how these factors apply to your specific situation.

Can Timesharing or Visitation Rights Be Modified?

Yes. Modification requires showing a substantial and material change in circumstances since the original order was entered. As of July 1, 2023, that change no longer needs to have been unanticipated, only substantial and material. The proposed modification must also serve the child’s best interests. Common grounds include relocation, a significant change in a parent’s work schedule, or a shift in the child’s needs.

What Should I Do If My Co-Parent Is Denying Timesharing?

Document every incident with dates, times, and any written communications. Then consult a child visitation lawyer in Lakeland about filing an enforcement motion with the Polk County court. Courts may award make-up time, order the violating parent to pay attorney’s fees under §61.13(4)(c)(2), or hold the parent in contempt under §61.13(4)(d). Acting promptly with a documented record can put you in a stronger position.

How Does Having a Visitation Lawyer Help My Case?

An attorney provides legal strategy specific to Polk County family court, negotiates parenting plan terms, and represents you at hearings before the 10th Judicial Circuit. Because Advocate Law Firm, P.A. is also a certified mediator, I can facilitate out-of-court resolution when that serves your interests or shift to litigation when it doesn’t. Having both options available under one attorney avoids the friction of switching counsel mid-dispute.

Is Virtual Timesharing an Option in Lakeland?

Yes. Virtual timesharing can be written into a parenting plan and is recognized by Florida courts as a supplement to in-person time. It’s particularly useful when geographic distance, work schedules, or other circumstances affect regular in-person contact. A child visitation attorney in Lakeland can help you draft virtual timesharing provisions that are specific enough to be enforceable and flexible enough to work in practice.

Schedule Your Free Consultation with a Child Visitation Attorney in Lakeland

Timesharing disputes affect your relationship with your child and your daily life. Whether you need to establish a parenting plan, enforce one, or modify an existing arrangement, Advocate Law Firm, P.A. can represent you in Polk County family court or through mediation. Bilingual services in English and Spanish are available, as are virtual consultations.

Schedule your consultation today with our child visitation lawyer in Lakeland by calling (863) 644-5566. I’m here to help you protect your parental rights and keep your child’s best interests front and center.