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When might the courts restrict custody?

On Behalf of | Sep 19, 2022 | Family Law |

You and your spouse have decided to pursue a divorce, and the first thing you need to get settled is child custody. Generally, the courts prefer both parents to play an active role in bringing up the children, which means imposing or accepting some form of parenting plan.

You’re not happy about this as you’d prefer if the custody rights of your ex were restricted. This is not something that will happen simply because it is your preference. However, if the following situations are a factor, then the court may decide to restrict the parenting time your ex has.

Severe illness

Whether your ex is struggling with a mental or physical illness, their ability to parent may be impacted. If it is not safe or feasible for the child to be under the supervision of your ex, then the court may restrict access. They may order that visits take place under supervision or they might even restrict custody rights until your ex has shown signs of improvement. It all comes down to the best interests of the child and whether or not they are in any danger.

Allegations of abuse

The court may also interfere with custody rights if they are convinced that abuse is occurring. This abuse does not necessarily need to be toward the child, it could be toward you or another partner. What’s important is that the allegations are substantiated by strong evidence, such as a police report, charges or convictions. Again, the basis of restricting custody rights on this basis is the safety and welfare of the child.

If you’re concerned about your custody rights or your current parenting agreement, then it may be possible to seek amendments. Reaching out to someone with knowledge of family law in Florida will help you to obtain a desirable outcome in your case.