When Do Florida Courts Order Supervised Timesharing?
In Florida, the courts only order supervised timesharing when it is absolutely necessary. Usually, it is necessary for a judge to order supervised timesharing if such an arrangement is required to protect the safety and health of the child or children. Below, we explain how courts in Florida view timesharing, the meaning of supervised timesharing, and when Florida courts order supervised timesharing.
How Florida Courts View Timesharing
According to Florida Statute 61.13, Florida courts are required to always start with the presumption that both parents should share parental responsibility for a minor child. Florida law believes that children need both parents in their lives. And numerous studies have confirmed this. Studies have confirmed that, among other things, a child develops well when he or she spends plenty of time with both parents.
After a Florida divorce, the best arrangement is for both parents to be allowed to spend plenty of time with their child. However, sometimes this is not possible. Sometimes, a child cannot have one parent (or both parents) in his or her lives. Other times, one parent is only allowed to see his or her child if another adult is around.
What Is Supervised Timesharing?
Supervised timesharing is when one parent is only allowed to spend time with his or her child in the presence of another adult. When supervised timesharing is ordered, the arrangement must meet certain minimum requirements. In Florida, the law requires that there be an agreement between the parents or a court order which contains enough details about the logistics for the supervision. Also, Florida law requires the selection of a supervisor who is ready to protect the child. Usually, the following are the people who can be supervisors;
- The other parent
- A family member or family friend
- A competent social worker or qualified and approved visitation center
When Do Florida Courts Order Supervised Timesharing?
Florida courts rarely order supervised timesharing. Judges are cautious of restricting a parent’s right to spend time with his or her child. However, under the following circumstances, it might be necessary for a court to order this form of timesharing;
- A parent has abused his or her child emotionally, sexually, or physically
- A parent has abused the other parent emotionally, sexually, or physically
- A parent has neglected his or her child in the past
- A parent has created potentially dangerous situations that put his or her child in danger.
- A parent has a mental illness that could put his or her child in danger
- A parent has an addiction or substance abuse problem
- A parent has been absent from his or her child’s life for a long time
Often, when the court orders supervised timesharing, it does so on a temporary basis. In such a case, a parent could eventually get unsupervised timesharing. For example, if a parent demonstrates good behavior, the court may eventually award him or her unsupervised timesharing. Also, if a supervised parent meets certain requirements, the court may award him or her unsupervised timesharing. For example, a parent may be ordered to attend an anger management class for him or her to be awarded unsupervised timesharing. If he or she completes the class, the court may award him or her unsupervised timesharing.
Contact a Jacksonville Family Lawyer
At the Lasky Law Firm, our Jacksonville divorce lawyers are strong advocates for parents. If you need help with your timesharing case or legal guidance, do not hesitate to contact us at 904-399-1644.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html
