When can visitation be legally restricted?

According to Florida case law, visitation can be legally restricted when it is deemed necessary to protect the child's welfare, even though such restrictions are generally disfavored:

Restriction of visitation is generally disfavored, unless the restriction is necessary to protect the welfare of the child. See Allen v. Allen, 787 So.2d 215, 217 (Fla. 5th DCA 2001). Judge Kanarek heard extensive testimony concerning the Father's ability to care for the daughter (“K.C.”) and to attend to her medical condition, and concluded that the evidence was sufficient to show that the Father was “prepared to meet any medical emergency that [K.C.] might have.” Although the Father had never administered Glucagon to K.C. during an emergency, the testimony was that he had been trained in its administration, had been present during the practice sessions involving it, and had been present and helped to hold K.C. while the Mother administered an emergency dose. There was also testimony that the Father had spent extensive time with a diabetic educator to learn how to manage K.C.'s condition. The Father was also trained in using the insulin pump which K.C. used and in calculating her insulin levels. The trial court concluded that “[t]he evidence shows that the father does have experience detecting changes in [K.C.]'s condition and is aware of how to deal with possible emergency changes in her blood sugar and has dealt with such *357 emergencies.” The trial judge noted that the Mother's primary objection to the Father's time sharing “revolves around her belief that she needs to be the person constantly monitoring [K.C.].” As for G.C. and K.C., the trial court found that the Father was “not as protective” as the Mother, but there was no evidence that he did not love and care for the children as well.

While we acknowledge certain troubling aspects of the testimony, where the Father had occasionally been insensitive to the needs of the children in the past, we defer to the trial court's superior vantage point in observing the Father's sincerity and demeanor on the witness stand as he testified of his resolve to more properly fulfill his parental obligations. We will not disturb the trial court's decision to award overnight shared visitation absent an abuse of discretion. See Canakaris v. Canakaris, 382 So.2d 1197, 1203 (Fla.1980). We find no such abuse in the instant case.

See: Culbertson v. Culbertson - 90 So. 3d 355

Related:

• Child Custody in Florida
• Advocating for Your Child’s Best Interest
• How to File for Child Relocation in Florida and Win Your Case

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