Posted by Nydia Streets of Streets Law in Florida Child Custody
When is supervised visitation appropriate in a Florida child custody case? Since supervision is a restriction that greatly affects a parent’s access to a child, it may be viewed with a certain level of scrutiny. This was an issue in the case E.M. v. E.G., 2D21-1450 (Fla. 2d DCA July 6, 2022).
After a hearing before the general magistrate on a petition for modification of child custody, the court awarded the father sole parental responsibility and majority time-sharing. Supervised visits were ordered for the mother. She appealed.
The appellate court found there was competent, substantial evidence to support the court’s ruling, except as it related to supervised visits. The court held “A trial court has the discretion to limit or restrict a parent's visitation where it is necessary to protect the welfare of the child. Gavronsky v. Gavronsky, 403 So. 2d 627, 627 (Fla. 1st DCA 1981). Here, the magistrate made no factual findings as to the necessity for supervised visitation, and there is no evidence in the record to support the need for this restriction. Id. We therefore reverse that portion of the order requiring the Mother to have supervised visitation with the child.”
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