Supervised Parenting Time Should Not Be a One Size Fits All Response to Domestic Violence Injunctions
Some divorces are ugly, and some are hideous. If someone you know looks like they had a painless divorce, you probably just did not see the most painful parts. Perhaps they went through the agonizing process of going from partners to enemies while pretending to everyone else that everything was fine, and by the time they filed for divorce and announced their separation, the worst was over; all that was left was to negotiate the property division agreement and parenting plan. The ugliness manifests itself in different ways, from dating someone new to make your ex jealous to exes trash talking about each other on social media. In some cases, conflict leads to physical violence. Any lawyer who tells you that domestic violence does not affect your divorce case is showing off his or her talent for spin; you can get criminal penalties for domestic violence, and even if you don’t, the court will probably order you to stay away from your ex. Even if the court has issued a domestic violence injunction against you or if the state has charged you with domestic violence crimes, you still have the right to your fair share of marital property and parenting time. A Boca Raton child custody lawyer can help you formalize a parenting plan if there is a history of domestic violence between you and your ex-spouse.
The Court Can Order Supervised Parenting Time If You Hit Your Spouse, but Only If Your Spouse Requests Supervised Parenting Time
When you request a domestic violence injunction against your estranged spouse, the form contains several options from which you can choose regarding parenting time. These are the options on the form:
- Issue a parenting plan now that you are newly separated
- Modify your existing parenting plan to reflect that you and your spouse cannot be in direct contact when transferring the children from one parent’s care to the other
- Allow your spouse supervised parenting time only in a new or modified parenting plan
- Prohibit your spouse from being with your children in person, or even from contacting them by phone
The domestic violence injunction form also lets you choose whether you request temporary support now that you and your spouse are not living together. The court may not order supervised parenting time, prohibit contact with the children, or order temporary support unless you request it. In a recent Florida case, a woman applied for a domestic violence injunction because her estranged husband’s behavior can become increasingly disturbing and erratic since she had filed for divorce. The court granted the injunction and ordered the husband to pay temporary alimony and to have supervised parenting time, even though the wife did not request these provisions. The husband appealed, and the appeals court reversed the temporary alimony order and restored the husband’s unsupervised parenting time.
Contact Schwartz | White About Resolving Co-Parenting Disputes
A South Florida family law attorney can provide legal representation in your dealings with the court that has unfairly ordered you to have supervised parenting time only. Contact Schwartz | White in Boca Raton, Florida about your case.
Source:
scholar.google.com/scholar_case?case=11160358169638870433&q=divorce+hotel&hl=en&as_sdt=4,10&as_ylo=2014&as_yhi=2024
