When a court enters a final judgment resolving custody and visitation (or time-sharing, as it’s known in Florida), the expectation is that both parents will follow the schedule in good faith and prioritize their child’s best interests. Unfortunately, that doesn’t always happen. One parent may intentionally withhold the child, repeatedly cancel visits, or undermine the relationship between the child and the other parent. These violations can cause emotional harm to the child and serious frustration to the compliant parent.
In Florida, custody and visitation orders are not optional. They are enforceable court orders, and parents who violate them may face serious consequences. Whether the issue is denial of time-sharing, refusal to return the child, manipulation of exchanges, or interference with communication, legal remedies are available to compel compliance and restore balance.
For parents in the Tampa area dealing with violations of time-sharing orders, consulting with a skilled Tampa divorce attorney is essential. Enforcing custody is a legal process that involves strict procedural steps, documentation, and courtroom advocacy. This article explains how custody and visitation orders are enforced in Florida, what legal options are available when one parent refuses to comply, and how to protect both parental rights and the child’s emotional well-being.
Understanding Custody and Time-Sharing in Florida
Florida no longer uses the terms “custody” and “visitation.” Instead, courts allocate “parental responsibility” and “time-sharing.” Parental responsibility refers to the decision-making authority for major issues like education and healthcare. Time-sharing refers to the physical schedule—when the child is with each parent.
A parenting plan outlines:
- The specific time-sharing schedule;
- How holidays and vacations are divided;
- Transportation and exchange procedures;
- Methods for communication;
- Protocols for resolving disputes.
Once a parenting plan is approved and incorporated into a final judgment, it becomes a binding court order. Violating that plan is equivalent to violating any other court order.
A Tampa divorce attorney can help enforce these terms and hold a noncompliant parent accountable for their actions.
Common Violations of Custody and Time-Sharing Orders
Custody and time-sharing violations take many forms, including:
- Refusing to allow scheduled visitation;
- Failing to return the child at the designated time;
- Blocking phone or video communication;
- Taking the child out of state without permission;
- Arriving late or failing to show up for exchanges;
- Making disparaging remarks about the other parent to the child;
- Repeatedly altering the schedule without agreement or court approval.
In some cases, the violating parent believes they are acting in the child’s best interest, but that belief does not excuse noncompliance. A Tampa divorce attorney can evaluate whether the behavior is legally actionable and seek immediate relief.
Legal Remedies for Enforcing Custody and Visitation Orders
Florida law provides several enforcement tools to address time-sharing violations and restore the rights of the aggrieved parent.
1. Motion for Contempt
A motion for civil contempt is the most common enforcement mechanism. To find a parent in contempt, the court must find that:
- There is a valid court order in place;
- The parent knew about the order;
- The parent had the ability to comply but willfully violated it.
Contempt findings can result in:
- Fines or monetary sanctions;
- Make-up time-sharing;
- Attorney’s fees for the prevailing party;
- Mandatory parenting classes;
- Court-ordered therapy;
- In extreme cases, jail time until compliance is achieved.
A Tampa divorce attorney files a motion for contempt with supporting evidence, including documentation of missed visits, communication logs, and witness testimony.
2. Motion to Enforce Time-Sharing
This is a non-contempt enforcement motion used when a parent wants immediate compliance but doesn’t necessarily seek punishment. The court can:
- Order the parent to comply with the existing plan;
- Clarify ambiguities in the parenting plan;
- Impose logistical changes to prevent future violations.
A Tampa divorce attorney may use this motion when the focus is on compliance and preserving the co-parenting relationship rather than sanctions.
3. Request for Make-Up Parenting Time
Florida Statutes § 61.13 authorizes the court to award make-up time if a parent is wrongfully denied their scheduled time-sharing. The court may:
- Order additional time to compensate for lost visits;
- Require it to occur on weekends, holidays, or vacation periods;
- Specify transportation arrangements and supervision if necessary.
A Tampa divorce attorney will present a detailed proposal for make-up time and demonstrate how the missed visits harmed the parent-child relationship.
4. Modification of the Parenting Plan
Repeated violations may justify a modification of the time-sharing schedule or parental responsibility. To modify, the court must find:
- A substantial, material, and unanticipated change in circumstances;
- That the modification is in the child’s best interest.
Examples of changes justifying modification include:
- A parent’s refusal to facilitate the other’s time-sharing;
- Repeated contempt findings;
- Psychological harm to the child due to parental alienation;
- Interference with school attendance or medical care.
A Tampa divorce attorney can file a petition to modify custody and seek to increase or decrease the offending parent’s time-sharing depending on the circumstances.
5. Law Enforcement Assistance
In extreme situations, a parent may need police assistance to enforce time-sharing. If one parent refuses to turn over the child, the other may request:
- Law enforcement involvement based on a certified copy of the court order;
- A writ of bodily attachment (bench warrant) if the parent is held in contempt;
- Court orders compelling the return of the child, especially if the child was taken out of state.
While law enforcement generally hesitates to intervene in civil matters, a Tampa divorce attorney can work with the court to issue enforceable orders that compel compliance through legal channels.
6. Injunctive Relief
A court may issue a temporary or permanent injunction to prevent a parent from engaging in harmful behavior, such as:
- Removing the child from the jurisdiction;
- Interfering with custody or visitation;
- Harassing or threatening the other parent.
Injunctions can be issued on an emergency basis when the child’s welfare is at risk. A Tampa divorce attorney can file an emergency motion for injunctive relief and seek expedited hearings.
7. International and Interstate Enforcement
If a parent violates the custody order by relocating out of state or abroad without court permission, enforcement becomes more complex. Florida is a party to the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which governs interstate custody enforcement.
Under the UCCJEA, a Tampa divorce attorney may:
- Request registration of a Florida order in another state for enforcement;
- Seek an order from the Florida court directing return of the child;
- Work with law enforcement in the receiving state to enforce the order;
- Petition under the Hague Convention if the child is taken to a foreign country.
Jurisdictional rules must be strictly followed, and a Tampa divorce attorney must act quickly to preserve parental rights.
8. Sanctions and Attorney’s Fees
Florida law allows the prevailing party in a custody enforcement case to recover reasonable attorney’s fees and costs. Courts may also sanction the violating parent by:
- Ordering them to pay fines;
- Requiring them to attend parenting classes;
- Restricting or supervising future visitation.
Sanctions are designed to deter further violations and restore balance in the co-parenting relationship.
A Tampa divorce attorney should always include a request for fees and sanctions when filing enforcement motions, especially if the violation was willful and repeated.
Gathering Evidence for Custody Enforcement
Strong evidence is essential in any enforcement case. A Tampa divorce attorney helps clients build a compelling record by documenting:
- Missed or denied visitation dates;
- Text messages, emails, or voicemails showing refusal to comply;
- Social media activity showing the child was elsewhere;
- Witness statements from family, school officials, or third parties;
- Screenshots of blocked communication or phone logs.
Courts are more likely to enforce orders and impose sanctions when presented with clear, organized, and consistent evidence.
Addressing False Allegations or Defenses
Sometimes a parent accused of violating a time-sharing order claims that:
- The child didn’t want to go;
- The other parent was late or didn’t show up;
- There were health or safety concerns;
- The plan was unclear or confusing.
Florida courts do not excuse violations based on the child’s preferences unless serious harm is shown. If a parent has legitimate safety concerns, they should seek a court-approved modification—not take matters into their own hands.
A Tampa divorce attorney can rebut false defenses and demonstrate a pattern of willful noncompliance.
What If a Child Refuses to Visit the Other Parent?
When older children resist time-sharing, parents must tread carefully. The court expects both parents to promote the child’s relationship with the other parent. Allowing or encouraging a child to refuse contact may be viewed as alienation.
Parents must:
- Encourage the child to follow the schedule;
- Avoid speaking negatively about the other parent;
- Consider counseling or family therapy;
- Document efforts to comply.
A Tampa divorce attorney may recommend filing a motion to address the issue formally and seek therapeutic intervention or parenting coordination.
Emergency Situations and Temporary Custody
If a child is in immediate danger, a parent may file an emergency motion for temporary custody or suspension of the other parent’s time-sharing. The court may grant relief if there is:
- Evidence of abuse or neglect;
- Substance abuse impacting the child’s safety;
- Criminal activity;
- Severe emotional or psychological harm.
Emergency relief requires a high standard of proof and often results in temporary orders pending a full hearing. A Tampa divorce attorney can prepare and file emergency motions with supporting affidavits and documentation.
Alternative Dispute Resolution and Parenting Coordination
Not every time-sharing dispute must go to court. Florida offers alternative solutions for resolving conflict, including:
- Mediation: A neutral mediator helps the parents reach a voluntary agreement.
- Parenting coordination: A licensed professional works with high-conflict families to implement the parenting plan and reduce litigation.
- Co-parenting therapy: A court-ordered counselor helps the parents communicate effectively.
A Tampa divorce attorney may suggest these options when enforcement isn’t working but both parents want to avoid further damage to their relationship or the child.
Modifying Custody Based on Repeated Violations
Courts do not take lightly the willful and repeated violation of custody orders. If a parent consistently refuses to follow the parenting plan, the court may:
- Reduce or suspend their time-sharing;
- Transfer primary residence to the other parent;
- Award sole parental responsibility to the compliant parent;
- Order supervised visitation.
A Tampa divorce attorney seeking modification must demonstrate that the violating parent’s conduct amounts to a substantial change in circumstances and that modifying the plan is in the child’s best interest.
Preventive Tips for Avoiding Enforcement Issues
- Make sure the parenting plan is clear, specific, and realistic;
- Include details about holidays, transportation, and communication;
- Use written communication to confirm plans;
- Document all exchanges and keep records;
- Address concerns through court channels—not unilateral action;
- Stay focused on the child’s well-being, not personal grievances.
A Tampa divorce attorney can draft parenting plans that minimize future conflict and provide enforcement mechanisms if disputes arise.
FAQ: Enforcing Custody and Visitation Orders in Florida
Can I call the police if my ex won’t return the child?
You may request law enforcement assistance if you have a valid court order. Some agencies will intervene, especially if the child is being concealed or withheld.
How do I prove my ex is violating the custody order?
Keep detailed records of missed visits, written communications, and any witnesses. Screenshots, emails, and text messages are valuable evidence.
What if my child doesn’t want to visit the other parent?
You are still obligated to comply with the court order. Encourage compliance and seek legal advice if resistance continues.
Can the court change custody because of violations?
Yes. Repeated, willful violations can justify modifying the parenting plan and reallocating time-sharing or decision-making.
Can I withhold visitation if my ex isn’t paying child support?
No. Support and time-sharing are separate issues. Withholding visitation violates the court order and can lead to sanctions.
How fast can I get a court hearing?
It depends on the court’s calendar, but emergency hearings may be scheduled quickly if the child is at risk. Regular enforcement motions may take several weeks.
Can I recover attorney’s fees for enforcing custody?
Yes. Florida law allows prevailing parties to recover reasonable attorney’s fees in enforcement proceedings.
What if the parenting plan is vague or confusing?
You may file a motion to clarify or modify the plan. Courts prefer detailed, specific language to avoid future disputes.
Can I move to another state with my child?
Not without court approval or written consent from the other parent. Relocation is governed by Florida’s relocation statute.
Should I hire a Tampa divorce attorney to enforce custody?
Yes. These cases involve complex procedural rules, and a knowledgeable attorney can protect your rights and your relationship with your child.
Conclusion
Custody and time-sharing orders are not just suggestions—they are legally binding obligations designed to protect the child’s best interests and ensure that both parents have a meaningful role in the child’s life. When one parent violates these orders, the court has broad authority to enforce compliance and impose sanctions.
Whether you are being denied time with your child or facing accusations of noncompliance, working with an experienced Tampa divorce attorney is essential. From filing motions for contempt or enforcement to seeking make-up time or modification, your attorney can guide you through the legal process, present persuasive evidence, and advocate for your parental rights.
With the right legal approach, you can restore balance, ensure that court orders are followed, and safeguard your child’s emotional and developmental needs.
The McKinney Law Group: Divorce Support in Tampa When Communication Breaks Down
Divorce is hard enough—especially when communication is strained or nonexistent. At The McKinney Law Group, we help Tampa clients manage divorce when cooperation isn’t possible by providing firm, clear legal leadership through every stage.
We assist with:
✔ Communicating with your spouse’s attorney on your behalf
✔ Negotiating or litigating through high-conflict issues
✔ Protecting your interests when your spouse won’t cooperate
✔ Filing motions and appearing in court as needed
✔ Ensuring deadlines and court rules are properly followed
Call 813-428-3400 or email [email protected] to work with a divorce attorney who will advocate for you.