Fort Lauderdale Divorce Lawyer Blog
Generally, in Florida custody cases, the courts aim to preserve the relationships between parents and their children and will grant both parents timesharing rights. The courts must always rule in the best interest of the children involved in a custody case, though, which in some cases will require the court to determine that a parent’s time with a child should be supervised. When a court orders supervised timesharing, it is not always clear what a parent must do to obtain unsupervised access, however, as demonstrated in a recent Florida case. If you are involved in a custody dispute, it is smart to meet with a Florida custody attorney to discuss what steps you can take to protect your parental interests.
History of the Case
It is reported that the wife filed a petition for dissolution of marriage. The court issued a final judgment dissolving the marriage that dictated, in part, that the husband must be supervised during the time he spent with their minor children. The husband appealed on numerous grounds, including the argument that the trial court unjustly impinged on his parental rights by ordering his timesharing to be supervised for the duration of the children’s minority, as the court did not provide a roadmap for him to achieve unsupervised timesharing. The appellate court ultimately rejected the husband’s arguments and affirmed the trial court ruling.
Grounds for Lifting an Order Imposing Supervised Time-Sharing
The appellate court explained that recent Florida rulings resolved the issue of whether a court issuing a final judgment altering a parenting plan is required to provide a parent with concrete steps he or she can take to restore lost timesharing rights or return to a pre-modification custody status, affirmatively stating that the court did not owe such a duty.
The appellate court further explained that vesting such authority in trial courts would run afoul of Florida Statutes section 61.13(a), in which the legislature laid out the specific requirements for modifying timesharing schedules and other aspects of parenting plans.
The court also rejected the husband’s assertion that the trial court erred in granting the wife sole parental responsibility without making a specific factual finding that shared parental responsibility would be detrimental to the children. Specifically, the court found that the husband failed to raise the issue in his motion for rehearing, and therefore, did not preserve it for purposes of appeal.
The court similarly rejected the remainder of the husband’s assertions as lacking merit. Thus, the appellate court affirmed the trial court ruling.
Speak to a Trusted Miami Family Law Attorney
The courts are obligated to rule in children’s best interests in custody matters, which in some cases results in a restriction of a parent’s rights. If you need assistance with a custody issue, it is prudent to speak to an attorney about your options for protecting your interests. The trusted Miami child custody attorneys of the Law Offices of Sandy T. Fox, P.A., are adept at helping people seek just results in the family law courts, and if you hire us, we will advocate aggressively on your behalf. Our office is located in Aventura, and we frequently represent people in custody actions in Miami. You can contact us via our form online or at 800-596-0579 to set up a meeting.