Florida Family Law FAQs

When can you deny timesharing to the non-custodial parent?

December 1, 2023 in Child Custody and Time-Sharing, Contempt and Enforcement, Divorce, Paternity Actions

In Florida, the decision to deny visitation to a parent is taken very seriously. The primary concern is always the welfare and best interests of the children. If the court finds that the children’s safety or emotional well-being is at risk, it may consider limiting or denying timesharing rights to the non-custodial parent. This is not a common action and is only used in situations where the children’s well-being is a significant concern.

When the court decides to restrict or deny visitation, it doesn’t necessarily leave the situation open-ended. Many times the court will provide specific, clear steps that the non-custodial parent must take to regain their visitation rights. These steps are designed to address the issues that led to the suspension of visitation rights. They might involve attending counseling sessions, completing parenting courses, or making changes in lifestyle or living conditions. The goal is to ensure that any future interactions between the non-custodial parent and the children are safe and positive.

This type of process is structured to allow for a reassessment over time. If the non-custodial parent meets the court’s conditions, they can apply to have their timesharing restored. This system aims to balance the need to protect the children with the rights of the parent to maintain a relationship with their children. It’s a delicate balance, ensuring that children are not unnecessarily deprived of contact with their parent, while also safeguarding their physical and emotional well-being.

If you are considering denying visitation to a non-custodial parent, or if you’re facing challenges regarding timesharing in Florida, it’s important to seek legal advice. Contact Shemtov Hillstrom at (954) 329-2222 for a consultation with our experienced trial attorneys. We can provide guidance on how to navigate these sensitive issues while prioritizing the welfare and best interests of the children. Our team is well-versed in family law and can help you understand your legal options and the appropriate steps to take in your unique situation. Let us assist you in ensuring the safety and well-being of your children are protected in accordance with Florida law.

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