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Fort Lauderdale Divorce Lawyer > Blog > Child Custody > What Happens When One Parent Denies The Other Rights In Fort Lauderdale Child Time Sharing Plans?

What Happens When One Parent Denies The Other Rights In Fort Lauderdale Child Time Sharing Plans?


The goal of child time sharing plans in Fort Lauderdale is to protect the rights of each parent and the overall wellbeing of the child. What happens when one of the parents refuses to include the other in these plans or otherwise denies them visits? Depending on the circumstances, this type of situation may prompt a return to family court.

Can You Stop The Other Parent From Seeing Your Child?

Issues concerning children crop up in cases of divorce or when parents are unmarried but paternity is either voluntarily acknowledged or proven in legal proceedings. Under the Florida Statutes, the court generally encourages child time sharing orders that allow both parties to play an active and engaged role in the child’s life. A parenting plan is created, dictating the amount of time the child spends with each parent.

Can deny the other parent visits with your child once an order is in place? While you generally need to follow the order, there are certain types of situations that may necessitate a return to court and a modification of the current order and any arrangements that are in place. Generally, this applies when the parent’s action endangers the health, safety, and well-being of the child. Among the most common reasons for denying a parent the right to visit and spend unsupervised time with the child include:

  • The parent suffers from an unacknowledged and untreated mental health condition;
  • They are physically unable to take care of the child;
  • They are active alcoholics/addicts;
  • They are engaged in illegal activities;
  • They are abusive to the child;
  • They take the child to dangerous or inappropriate places;
  • They frequently cancel visits, fail to return the child as scheduled, or otherwise do not comply with other provisions in the parenting plan.

What To Do If The Other Parent Denies Your Rights

You could be denied parental rights in child time sharing plans if you are engaged in any of the above behaviors or if you refuse to cooperate with the other parent and comply with parenting plans that are in place. If this is not the case and the other parent is withholding the child from you either as leverage or for vindictive reasons, it is important to contact our Fort Lauderdale child time sharing attorney so that we can take legal action immediately.

If there is a current child time sharing order in place, you may be able to schedule an emergency hearing through the Broward County Family Court to request immediate modifications. Withholding the child from you in this situation could jeopardize the other parent’s rights in a parenting plan. If a court order is not currently in place, we can help you initiate these proceedings.

Contact Us Today for Help

At the law office of Vanessa L. Prieto, we can help protect your rights in matters pertaining to your child. Contact our Fort Lauderdale child custody & time sharing attorney to request a consultation today.

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