Denying a Father Time Sharing is an on going issue we encounter in this field. We handle many custody cases that deal with parents who had children out of wedlock. We are specifically going to address parents with children who are not married in this blog as the facts are different when a couple is married with children. We are focusing on unmarried couples simply because we have seen case after case where a Mother believes that because they were not married the Father has no rights to the child. Although, this is technically a correct statement in that when a child is born out of wedlock the Mother is the natural known guardian and the Father has no legal rights to the child until he has been established the legal and biological father we never suggest someone do this.
We have represented many mothers and fathers in custody cases. When we have a mother who wants to deny a father time sharing for the sole reason as stated above that the father has no rights because either they were not married’ or he is not on the birth certificate; or he hasn’t been declared the legal father we advise that mother not to do so. We have several reasons for this. First, although there is no court order requiring you to provide him time sharing we make sure you understand that it can have a negative impact on your case. Judges do not usually like to see a parent deny and/or dictate contact. Furthermore, that is a factor the courts can consider when determining custody. Pursuant to Florida Statute 61.13(3) it lists out the factors the courts consider when establishing or modifying parental responsibility and creating developing, approving or modifying a parenting plan which includes a time-sharing schedule. Upon review of those factors, you will see that when a parent dictate, controls or even denies time-sharing to the other parent it can have negative ramifications to them.
In addition, a child should have contact with both parents so that they can establish and grow a healthy bond and relationship with both. Obviously, there are always exceptions to this. When a parent has a substance abuse problem, has been convicted of child abuse or some other serious crime there are certainly things that can be and should be done to limit that parents contact.
This information does not form an attorney client privilege. Contact the Orlando Family Law Firm, Anderson & Ferrin, Attorneys at Law, PA at 407-412-7041 and speak with Michael Ferrin or Victoria Anderson to help you with your custody and or time-sharing issues today.