Visitation is typically the hot
button in the beginning of any contested timesharing matter. Without full
knowledge of your situation, there is no simple answer to the question, “Should
I allow visitation without a court order?”.
Until a timesharing order is entered, married parents
usually have “equal” right to the child. As such, either can take the child and
then refuse to return the child to the other.
However, this risk must be weighed
against the risk of creating the perception that you are interfering with or
failing to foster a relationship with the other parent. The complex answer is
maybe you should allow visitation—but not until you have considered the
ramifications fully and assessed the facts of your situation.
If your spouse has issues that
call into question his or her ability to parent the children safely, you may
need to think about supervised or safety-focused visitation. This provides that
one parent will not have access to the children without being supervised by a
third party or without strict guidelines in place on how that parent can
interact with the children.
Some examples of what may cause safety concerns
with the offending parent are that he or she has a substance abuse problem or
if he/she is physically abusive toward the children.
In these types of cases,
if there is no court-ordered or agreed upon timesharing plan in place, your
attorney may file a motion for temporary relief on your behalf to seek relief
from the court with regard to your visitation schedule, pending a final
resolution of your divorce case.
The attorneys at Nicole L. Goetz, P.L. can assist you throughout the
entire divorce process, from evaluation through settlement, and if necessary,
through litigation of the issue.
To
schedule a confidential consultation and receive more information about your
options, please contact our office in Naples, Florida at 239-325-5030.
The information provided on law
and legal topics is designed for general information only and does not
constitute nor should it be considered legal advice. It is not a substitute,
nor should it be considered a substitute for legal advice from a qualified
attorney knowledgeable about your specific factual situation.
