Child Custody and Visitation in North Palm Beach, FL

In a child custody and visitation case, it is the public policy of this state that each minor child has frequent and continuing contact with both parents after the marriage, and the privilege of visiting children should never be denied either parent as long as parents conducts themselves, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of the children. Additionally, when a court exercises its discretion to restrict or deny visitation, it must clearly set forth the steps the parent must take in order to reestablish time-sharing with the children. 

In Davis v. Davis, 39 Fla. L. Weekly D725 (Fla. 4th DCA April 9 2014) the Florida Court of Appeal recently stated: “The legislature determined that” [i]t is the public policy of this state that each minor child has frequent and continuing contact with both parents after . . . the marriage of the parties is dissolved.” § 61.13(2)(c)1.,Fla. Stat. (2009). “[T]he privilege of visiting the minor children of the parties to a divorce proceeding should never be denied either parent so long as he or she conducts himself or herself, while in the presence of such children, in a manner which will not adversely affect the morals or welfare of such progeny.” Yandell v. Yandell, 39 So. 2d 554, 555 (Fla. 1949). A parent has a “constitutionally protected ‘inherent right’ to a meaningful relationship with his [or her] children.” Schutz v. Schutz, 581 So. 2d 1290,1293 (Fla. 1991)…The judgment is also deficient in that it does not set forth the steps the husband must take to establish timesharing with the child. In Grigsby v. Grigsby, 39 So. 3d 453,456-57 (Fla. 2d DCA 2010), the Second District stated that when the court exercises its discretion to restrict or deny visitation, it must clearly set forth the steps the parent must take in order to reestablish time-sharing with the children. Essentially, the court must give the parent the key to reconnecting with his or her children. An order that does not set forth the specific steps a parent must take to reestablish time-sharing, thus depriving the parent of that key, is deficient because it prevents the parent from knowing what is expected and prevents any successor judge from monitoring the parent’s progress.”

To speak with a divorce lawyer in North Palm Beach, Florida, contact Matthew Lane & Associates, P.A. at (561) 651-7273. 

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