For most parents thinking about divorce, time-sharing or splitting custody of their children is the scariest part of the process. The idea that they have to share time with your kids, including holidays and birthdays, can be a bitter pill to swallow.
You might want to limit how much time-sharing your spouse gets in the divorce. You might even want to ask the courts for sole custody. Is that kind of request reasonable or realistic in a Florida divorce?
The courts want what is best for the children
When making decisions about time-sharing or other major issues in a Florida divorce, the courts should always focus on what will be best for the children. In many families, the involvement of both parents is crucial to healthy social and psychological development.
However, there are times when the courts might agree with a parent that it wouldn’t be in the best interests of the children for the other parent to share custody.
When might the court limit the access of one parent?
Perhaps the most common reason that one parent doesn’t have to engage in time-sharing with the other is that only one parent seeks custody or parenting time in the divorce. One parent may decide to relocate out of the state or may just not assert their parental rights. However, even in cases where both parents want time with the children, the courts may limit the parenting time of one parent in favor of the other.
If your spouse has a history of abuse or neglect, that will impact the way the courts rule in your custody case. If you can show addiction or mental health issues that will limit the ability of your spouse to parent, that could also influence how the courts divide time-sharing responsibilities. Unstable living circumstances, incarceration or dangerous roommates and family members could also play a role in custody proceedings.
Recognizing when the courts may deviate from the presumption of shared parenting time to protect the children can help you decide how to approach custody in your divorce.