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Unfit Parenting If a parent has displayed irresponsible behavior that puts their children in danger, the other parent may be awarded sole parental responsibility. This could include having an unstable or unsanitary home environment, a history of alcohol or drug abuse, or unreliability.
The new law establishes a rebuttable presumption that equal timesharing (50/50 custody) is in the best interest of the child. Unless compelling reasons exist, courts will lean toward equal parenting time.
You need compelling evidence proving your childs other parent is unfit. Evidence could include: Testimony from friends, family, teachers, and other people in the childs life. Testimony from expert witnesses, including physicians, psychologists, counselors, etc.
In most cases, supervised visits should take place at the parents home or a designated visitation facility. A monitor or an individual assigned to supervise the visits will be present in the room at all times. The monitor may be the custodial parent, a family member, relative, friend, or a social worker.
In Florida, refusing to allow the child to spend time with the other parent as scheduled in the court-ordered timesharing plan is contempt of court and can result in arrest.
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The following evidence can be used to prove a parents unfitness based on mental illness: Medical records. Records of treatment for substance abuse. Mental health evaluation records. Police reports. Affidavits from mental health professionals. The childs school records. The parents employment records. Restraining orders.
An unfit home environment may involve any of the following: Parents or others in the household harming the child through domestic violence, including physical, mental or sexual abuse of the child or someone else. Parents failing to provide for the childs needs, like depriving them of necessities or healthcare.

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