Posted by Nydia Streets of Streets Law in Child Custody

Sometimes special circumstances exist that a Florida child custody court must consider when determining time-sharing. For example, a parent who is residing in a half-way house or a rehabilitation center may request time-sharing with a child, but whether or not that time-sharing includes over night visitation requires in-depth review. Incarcerated parents present another level of consideration as well.

The Florida statutes state a court cannot require that a child visit a parent in a recovery residence between 9:00 pm and 7:00 am unless the court makes a specific finding that such visitation is in the best interest of the child. The court looks at: 

1. Whether the parent resides in a specialized residence for pregnant women or there are other parents whose children reside with them at the residence; 

2. The number of adults living at the recovery residence; and

3. the parent's recovery progress. 

Visitation with a parent in a recovery residence cannot be ordered if the residence houses sexual offenders or predators. 

Another special circumstance exists when a parent is incarcerated. Requiring a child to visit an incarcerated parent may include considerations such as the distance between the child's residence and the incarceration facility; the child's age and level of maturity to handle such visitation; the expenses incurred by the custodial parent for travel to and from the facility; and the anticipated length of the parent's incarceration. Ultimately, if the court finds visitation to be in the best interest of the child, the custodial parent may be required to cooperate in facilitating the same. 

Protecting a child should be everyone's interest in a Miami child custody case. If you need assistance with establishing a safe time-sharing arrangement under special circumstances, an experience Miami child custody lawyer may be your first step to doing so. A consultation can help you understand your best options.