Time-sharing or physical custody is an important element of shared parental responsibility. The law supports co-parenting and generally requires that judges keep both parents actively involved with the children, so long as doing so is in their best interest.
In fact, there is even a rebuttable presumption in state statutes that a nearly even split of parenting time is likely the best arrangement for honoring what is best for the children. What types of circumstances might inspire a judge to reduce one parent’s time with the children?
1. Active addiction
If one parent struggles with substance abuse, they may pose a threat to the children. They might either neglect them or abuse them due to impairment or behaviors associated with addiction. When one parent has a substance abuse issue that they have not properly treated, the courts may reduce their time-sharing allocation.
2. Abusive behavior
Acts of abuse targeting the children can warrant the reduction or elimination of time-sharing for one parent. Additionally, the courts may consider the abuse of a co-parent when addressing time-sharing. Especially if the children witnessed the abuse, the courts may reduce one adult’s time with the children or require supervised parenting time.
3. Severe instability
Medical challenges, mental health issues, a lack of stable employment or issues with housing can make it difficult for parents to provide the stability their children require. When one parent is in an unstable situation, the courts may choose to limit their parenting time to protect the children.
Understanding what may influence court rulings about parenting matters can help people better prepare for court and handle negotiations more effectively. An attorney can help people assess their situation objectively and strategize for family court proceedings.