Legal Question in Family Law in Florida

visitation rights

me and my ex-girlfriend have a 2 yrs old that we verbally agreed to have my daughter on alternating weekends with switching weekends is allowed with advanced notice. it has been 2 months since I've seen my daughter and I want to know if the verbal agreement me and her made prior is legal in Miami-Dade, Florida.


Asked on 2/20/09, 12:31 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: visitation rights

The best interests of the child controls. A written agreement or court order is best.

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Answered on 2/20/09, 5:19 am
Brent Rose The Orsini & Rose Law Firm

Re: visitation rights

Your verbal agreement is "legal," but not enforceable. By that I mean that you and your girlfriend can agree to whatever timeshare you want, but if one of you breaks the agreement, there isn't anything you can do about it.

Your best bet is to file a paternity lawsuit and get court-ordered timeshare (visitation). That way, the agreement can be put into a court order, and neither of you can break it.

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Answered on 2/20/09, 9:30 am


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