Posted on Jul 25, 2021 In
Custody, divorce, family law, paternity, spousal support
Florida law and public order encourage a child’s contact with both parents when they are unmarried, separated, or divorced, as long as it is in the child’s best interests. Of course, there are situations in which spending time with a parent could jeopardize a child’s well-being because that parent has troubling traits or is questionable.
Parental actions or attributes of concern
Examples of traits or activities that could potentially harm a son or daughter include:
• Addiction to drugs or alcohol
• History of verbal, physical, or sexual abuse or violence
• History of neglect
• Refusal to modify the house for security reasons, e.g. B. remove a dangerous pet or remediate lead paint or asbestos
• History of criminal behavior
• Presence at home or contact with other people who may not be in the best interests of the child
• Watching pornography
• Failure to monitor your child’s online ad
• Alienation of the child from the other parent
• Patterns of dishonesty, manipulation or control behavior
• And other, similar behavior
In this situation, supervised timeshare is a solution available to judges in Florida. In other words, the problematic parent would only have the right to visit the child in the presence of a third party who will oversee the interactions to protect the child during the visit and / or while traveling to and from the place of visit (sharing). Monitoring).
Put in context
In the case of a divorce in Florida (or a paternity or domestic violence proceeding), the court must decide whether or not to allow such parent to visit (Florida law calls time-sharing) as part of the parenting plan. A parenting plan is a document that details how parents share decision-making responsibilities, custody, and parenting time, including a detailed visit schedule.
The parenting plan that the judge approves may be one that the parties have agreed, that has been presented by a parent, or that has been drawn up by the court.
The education plan becomes part of the final divorce decree and the judge must satisfy himself that the regulations are in the best interests of the child. If there is any indication that visiting a parent could harm the child, it may be in the child’s best interests not to have contact with that parent or, in the spirit of Florida’s support for the parent-child relationship, only supervised visits to have.
screws and nuts
At Florida State University, under state law, the Clearinghouse on Supervised Visitation is a “state-wide resource on supervised visit issues through the provision of technical support, training and research.” The clearinghouse is also responsible for developing quality and safety standards for supervised visiting programs that neutral third parties can provide to monitor visiting sessions and to moderate these sessions.
If circumstances change over time after final divorce, either parent can request the court to change the time-share rules. The requirement could, for example, be to remove or introduce a supervisory obligation.
A skilled Florida attorney can provide information and guidance to any parent dealing with a supervised visiting issue on either side.