Can One Parent Withhold a Child From Their Other Parent in Florida?

After a divorce, Florida courts prioritize the best interests of the child when making child custody and visitation decisions. Florida law presumes that children benefit from having frequent and continuing contact with both parents. Unless a parent can prove otherwise, Florida law presumes that it is in the best interest of a child for their parents to have equal timesharing. However, sometimes, situations arise when one parent chooses to withhold their child from the other parent. While withholding a child may seem like the right decision in some situations, it can lead to serious consequences. Let’s explore what Florida law says regarding the issue of one parent withholding their child from the other parent.

Florida’s Law on Equal Timesharing

In 2023, Governor Ron DeSantis signed into law CS/HB 1301. This bill made significant changes to Florida laws on parenting and timesharing. The law introduced a rebuttable presumption that equal timesharing of a minor child is in the child’s best interests. This means that, in most cases, Florida courts assume that both parents should have equal time with their child unless there is evidence to suggest otherwise. The presumption of equal timesharing can only be overcome if one parent can prove by a preponderance of the evidence that equal timesharing would not be in the child’s best interests.

If a court order exists that gives both parents the right to be involved in their child’s life, any actions to interfere with this right, including withholding the child from their other parent, are considered illegal and can be legally challenged. Withholding a child without legal justification can result in serious consequences.

Withholding a Child From Their Parent May Be Considered Parental Alienation

If a parent withholds their child from the other parent, the court may consider it an act of parental alienation. Parental alienation arises when one parent intentionally tries to interfere with or damage their child’s relationship with the other parent. This behavior can have adverse emotional and psychological effects on a child. Florida courts take allegations of parental alienation quite seriously. If the court determines that one parent is engaging in parental alienation, it can lead to the court taking corrective action.

Legal Consequences of Withholding a Child From the Other Parent

If a parent withholds their child from the other parent without legal justification, it can have several legal consequences. The following are some of the possible implications of withholding a child from the other parent;

• Being Held in Contempt of Court: Contempt is conduct that disrupts or obstructs a court order or proceeding. Being held in contempt of court could lead to penalties such as fines or even jail time.
• Child Custody Modification: The court could, for example, modify the existing child custody order to favor the other parent. Depending on the situation, the court may even grant the other parent sole custody.

Situations When Withholding a Child May Be Justified

In Florida, there are a few exceptions where withholding a child may be legally justified. Typically, these exceptions involve concerns for the child’s safety. However, even in such cases, the concerned parent should address the issue through proper legal action, such as seeking child custody modification or obtaining a temporary emergency custody order, rather than unilaterally deciding to withhold the child.

Legal Help Is Available

If you’re dealing with a child custody dispute, contact our skilled Lakeland family law attorney at Darla K. Snead, P.L. for legal help.

Source:

flsenate.gov/Session/Bill/2023/1301/BillText/er/PDF