22 Aug Restrictions on Parental Time Sharing Under Florida Law
Parental Time Sharing
Florida courts strongly favor parenting plans (also commonly referred to as time-sharing agreements) that emphasize the sharing of time between both parents because it is usually in the best interest of the child to do so. However, under certain circumstances, Florida family courts find it best to place restrictions upon those visits. Under extreme circumstances, the family court will go as far as terminating the time-sharing rights of a parent, although termination of time-sharing rights is disfavored, (see Florida Statute 61.13(2)(c)(1)).
Of course, the restriction or denial of time-sharing should always be reasonably related to protecting the welfare of the children. The types of restrictions that may be placed upon the parent’s visits with the child may include limiting the places to which the parent can take the child; the times at (or durations with) which the child can be with the parent; the people that can be in the presence of the child (while with the parent) and can even include the restriction to supervised visitations with the parent.
Restrictions on time-sharing should be supported by evidence in the record showing that they are necessary. The right of time-sharing should not be withheld unless the parent has forfeited the right by his or her conduct or unless the exercise of the right would injuriously affect the welfare of the children. These restrictions (or denial) of time-sharing should always be reasonably related to protecting the welfare of the children.
If you have any questions about the court restricting your rights of visitation with your child(ren) or, conversely, are concerned about the safety of your child(ren) with the other parent, feel free to contact a Miami, Florida Family Lawyer at 1.786.309.8588.