Supervised Visitation in the Orlando, Florida Area
- September 28, 2021
- ontarget
- Family Law
- children, divorce
- 0 Comments
What is required for a parent to obtain supervised visitation between the other parent and their child? In order to obtain supervised visitation in the Orlando, Florida area, you must prove the other party’s behavior and actions have detrimentally affected the child’s physical or mental health. Here’s how you can prove detriment to a child:
Ways to Prove Detriment to a Child
You can attempt to prove detriment to the child by showing that the other parent has committed felony domestic violence in the presence of the child. Domestic Violence is defined in Florida Statute 741.28. You can also show that the other parent abused, abandoned, or neglected the child. Further, you can attempt to show that the parent’s mental illness, substance abuse, or alcohol abuse affects their ability to properly parent the child and that their behaviors due to their addiction or mental illness detrimentally affect the child.
The court determines timesharing and custody of the child by evaluating the factors of best interest of the child that are found in Florida Statute 61.13. However, in order to prove supervised visitation, there needs to be detriment to the child. Further, after you show detriment to the child, you must prove that supervised visitation is in the best interest of the child.
Who Can Help You Prove Detriment to a Child
To prove detriment to the child, you must show how the other parent abused, abandoned, neglected, committed domestic violence; or how their mental illness, or addiction detrimentally affected the child. You can attempt to do this by having you, the victim of domestic violence, testify. You can also have the police officers who responded to the domestic violence incident testify.
You can call the child’s therapist to testify as to how the child is detrimentally affected. However, you will need a Guardian Ad Litem to recommend that it is in the best interest of the child for the child’s therapist to testify regarding the child’s detriment.
You can also call law enforcement officers who arrested the spouse on charges relating to substance abuse or alcohol addiction, or whatever crime the other parent was arrested for, in order to show that the other parent’s behavior detrimentally affected the child.
Other Ways to Show Detriment to a Child
One way to attempt to show detriment is proving that the other parent left the child alone to go buy drugs. You can also show that the other parent passed out from alcohol or drugs and left the child unattended during their time sharing with the child. You can testify how the other parent hit you in front of the child and the child cried, screamed, or ran and hid.
These would all be examples of how to prove detriment to a child in order to obtain supervised visitation. Remember, you must show the court that the other parties’ actions are detrimental to the child and that it is in the best interest of the child to have supervised visitation.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.