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What If One Parent Doesn't Use Their Visitation Time?

​In most court cases, the parents, or the Judge, decide that ongoing and continuing contact with both parents is in the best interests of the children. What happens when continuing contact is not maintained by one parent, however?

Florida law does not require parents to use their parenting time. However, studies have shown that inconsistent contact with one parent may be detrimental to the children. There are some people that believe parenting time should be a parent’s obligation, not a right that they can choose to ignore.

Why should parenting time be a parent’s obligation to a child?


Inconsistent contact can lead the child to experience psychological problems due to the ongoing feelings of disappointment when parenting time is cancelled. The child may also blame their primary parent as the reason for the inconsistent contact with the other parent.

Why would a parent not use parenting time?

There are a number of reasons why a parent may not use their parenting time. If the reason is emotional, that parent should seek further counseling and education to address the lingering emotions. If the reason is due to geography, work schedule, or remarriage, the parents should consider modifying the parenting schedule to be more realistic taking into account the existing restrictions.

Can you make the other parent use their parenting time?

You can not force the other parent to use their parenting time; however, there are some steps to consider:
  • Propose to the other parent to schedule a mediation session to discuss why the parenting time schedule isn't working out
  • Petition the Court to modify the existing parenting time so it matches reality.
  • Petition the Court to modify child support if the other parent's child support obligation was reduced due to the parenting time schedule.
  • Ask the Court to order the other parent to reimburse you if the failure to exercise parenting time cost you money. (These expenses must be reasonable and necessary, for example, lost wages, child care, or travel expenses.)
Schedule a consultation today by contacting our office at (239) 210-7516 or Keith@AttorneyGrossman.com
Call Toll-Free: (877) 687-1392
Practicing exclusively in the area of marital, divorce, and family law. Serving clients in Fort Myers, Naples, Cape Coral, and all of Southwest Florida

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