By: Erin, Senior Attorney, De Novo Review
Are there consequences when mothers fail to encourage time sharing between father and child when time sharing has been ordered?
Absolutely. In Ginnell v. Pacetti, 31 So. 3d 217, 218-19 (Fla. 4th DCA 2010), the appellate court affirmed the trial court’s decision to modify time sharing in favor of the father based upon the mother’s failure to encourage a close relationship with the child’s father. In so doing, the appellate court cited to Section 61.13(4)(c)6., Florida Statutes (2015), which allows a court to, “upon the request of the parent who did not violate the time-sharing schedule, modify the parenting plan if modification is in the best interests of the child.” See also Cheek v. Hesik, 73 So. 3d340, 343 (Fla. 1st DCA 2011) (affirming trial court’s decision to award husband “makeup time-sharing” based on mother’s failure to facilitate time sharing with the couple’s minor child).
For additional cases similar to these, or for additional research needs on the subject, please contact us at: genny@denovoreiew-new.us21.cdn-alpha.com.