Assignment Week 9
doc
keyboard_arrow_up
School
Maccormac College *
*We aren’t endorsed by this school
Course
2670
Subject
Law
Date
Jan 9, 2024
Type
doc
Pages
2
Uploaded by UltraHawk4071
Ashlee Moran
Shayla King, J.D., LL.M.
Law 2670
Week 9 – Supervised Visitation
Due: 11/05/2023
Flora Smith and Harry Smith have one child, 10 year old Mary Smith. Flora
and Harry are separated. Flora wants supervised visitation of Mary by Harry
Smith, because he often misses child-support payments and has a girlfriend
who is an alcoholic. Flora is afraid that if Harry takes Mary to his home, she
will be exposed to drinking.
1.
How should the Court rule?
a.
In the scenario provided, Flora Smith has made no claims that
prove Harry Smith unfit as a parent. While Harry’s lack of
consistent child-support payments affects the care of his child, it
is not a factor that warrants depriving a parent of their right to
visit with their child. Because Harry does have a relationship
involving an alcoholic, stipulations can be set on visitation that
do not require visitation such as no overnight visitations and/or
no presence of the other partner during visitation time frames.
The fear exists that Mary may be exposed to drinking however,
placing restrictions on the unsupervised visitation may be all that
is necessary to curtail any exposure or potential upset to the
child caused by the unrelated partner.
b.
What is the legal issue?
i.
Awarding of supervised visitation in a custody agreement.
c.
What are the key facts?
i.
Spouses have one biological child together.
ii.
Spouses are currently separated.
iii.
One spouse fears exposure to upsetting activities for the
child.
iv.
The other spouse is in an active relationship with an
alcoholic and often misses child-support payments.
d.
What is the applicable rule?
i.
Florida Statute Section 61.13(3)
e.
What are the elements of the rule?
i.
Best interest of child
ii.
Unified Family Court Model Code
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
- Access to all documents
- Unlimited textbook solutions
- 24/7 expert homework help