Yes.
First, let’s be clear about what “custody” means. Florida law has stopped using “custody” and instead divides “custody” into the time a parent is prescribed to have with their child (“time-sharing”) and what say a parent has in making decisions about their child’s life (“parental responsibility”). In Florida, interfering with time-sharing usually has little effect on parental responsibility, but will be considered regarding time-sharing.
In Florida, a parent who repeatedly and intentionally interferes with the other parent’s court-ordered time-sharing can face serious consequences, including a modification of the parenting plan and, in some cases, a reduction in their own time-sharing rights. Courts focus on the child’s best interests and expect both parents to support the child’s relationship with the other parent.
Disagreements over schedules happen, but consistently preventing court-ordered contact is different from an occasional scheduling conflict. When one parent refuses exchanges, withholds the child without a valid reason, or repeatedly ignores a parenting plan, the court may conclude that the existing arrangement is no longer serving the child’s best interests. Remember, this is usually not about punishing one parent or the other for violations; it’s about making sure that the best interests of the child or children come first.
Can You Lose Time-Sharing for Violating a Florida Time-sharing Order?
Potentially, yes. A single mistake or isolated scheduling issue is unlikely to result in a custody change. However, a pattern of intentional interference can become the basis for modifying a parenting plan under Florida law.
Florida courts generally expect parents to:
- Follow the existing parenting plan.
- Make the child available for scheduled exchanges.
- Encourage a healthy relationship with the other parent.
- Communicate in good faith about parenting issues.
When one parent consistently refuses to comply, the court may determine that a different arrangement better serves the child’s well-being.
What Counts as Time-sharing Interference?
Time-sharing interference occurs when a parent intentionally prevents or disrupts the other parent’s court-ordered parenting time without legal justification.
Examples may include:
- Refusing to exchange the child at scheduled times.
- Canceling visits without a legitimate reason.
- Repeatedly arriving so late that visits become impossible.
- Scheduling activities during the other parent’s parenting time without agreement.
- Encouraging the child to refuse visits.
- Relocating with the child without following Florida’s relocation requirements.
Not every missed visit amounts to interference. Emergencies, illness, or legitimate safety concerns may justify temporary changes, particularly when the parent communicates promptly and documents the circumstances.
How Do Florida Courts Respond to Repeated Interference?
Florida courts have several options when they find that a parent has intentionally interfered with time-sharing. The response depends on the severity of the conduct and its impact on the child.
A judge may order:
- Makeup time-sharing for the affected parent.
- Changes to the parenting schedule.
- Parenting or co-parenting classes.
- Payment of the other parent’s attorney’s fees and court costs in appropriate cases.
- A modification of parental responsibility or time-sharing if the legal standard is met.
A court generally will not modify a parenting plan simply to punish a parent. Instead, the judge considers whether the ongoing interference represents a substantial and material change in circumstances and whether modifying the arrangement is in the child’s best interests. Under Fla. Stat. § 61.13(3), courts evaluate numerous best-interest factors, including each parent’s willingness to facilitate the child’s relationship with the other parent and to honor the time-sharing schedule.
What Evidence Can Help Prove Time-sharing Interference?
If you believe the other parent is violating a parenting plan, documentation often plays an important role.
Helpful evidence may include:
- Text messages or emails about canceled visits.
- Parenting app communications.
- Missed exchange logs with dates and times.
- Witness statements from exchanges.
- Police reports, when appropriate.
- School or childcare records showing repeated disruptions.
Keeping accurate records can help demonstrate whether the issue is an isolated disagreement or an ongoing pattern of interference.
Every piece of evidence helps to prove your point, but we should also note that testimony itself is considered evidence; there is no rule that requires you to submit documentary evidence to prove your position. You should always consult with an attorney before recording someone, it is a serious crime under certain circumstances to record someone without their knowledge and/or consent in Florida.
Can a Parent Refuse Time-sharing for Safety Reasons?
Sometimes. If a child faces an immediate risk of harm, a parent may need to take steps to protect the child. Withholding court-ordered time-sharing without seeking legal guidance can create additional legal issues.
If you believe the child is in danger because of abuse, neglect, substance abuse, or another serious concern, it is generally better to seek emergency court intervention as quickly as possible rather than making unilateral decisions that could later be viewed as unjustified.
However, parents should always prioritize the safety of their children. Consult with a qualified attorney whenever you are considering withholding a child. If there is an immediate threat to the life of a child, parents should call law enforcement immediately, and should exercise their best judgment in making sure a child is safe before most other considerations.
What Should You Do if the Other Parent Keeps Violating the Parenting Plan?
If the other parent repeatedly interferes with your court-ordered time-sharing, avoid responding by withholding the child during your own parenting time. That can create additional problems and may weaken your position.
Instead, consider taking steps such as:
- Continue following the existing parenting plan whenever possible.
- Document each violation carefully.
- Communicate respectfully and keep written records.
- Consult a family law attorney about filing an enforcement or modification request if the behavior continues.
This can get tricky, however. If you feel that the other parent is a legitimate and immediate threat to the child, you are not expected to continue to blindly follow the parenting plan. You should always communicate with a qualified attorney about what to do next, and addressing the issue through the court is generally the most effective way to protect your rights while keeping the focus where it belongs, on your child’s best interests.
Protect Your Relationship With Your Child
When one parent repeatedly interferes with time-sharing, the effects can extend far beyond missed visits. If you’re dealing with ongoing violations of a parenting plan or you’re concerned that your own actions could affect your parental rights, we can help you understand your options under Florida law. Contact Downyok & Downyok, P.A. to discuss your situation and determine the best path forward for you and your child.
