Child Protection – New Law Limits Overnight Visitation to Parents in Recovery

On June 7, 2017, a change was made to Florida’s child custody law that restricts the rights of parents in residential treatment programs from exercising overnight visitation with minor children.

House Bill 329 amends Section 61.13, Florida Statutes to provide that time-sharing plans may not require a minor child to visit a parent between the hours of 9 p.m. and 7 a.m. when that parent is in a recovery residence. Overnight visitation is limited to cases in which a court makes a specific finding that such visitation is in the best interest of the child. This will depend on such factors as the number of adults living in the recovery residence, the parent’s level of recovery, and whether the parent lives in a specialized residence for pregnant women or parents whose children reside with them.

The law goes into effect on July 1, 2017.

About the Author

Beth T. Vogelsang is a Florida Bar Board Certified Divorce, Marital, and Family Law Specialist. With over 30 years of experience, she handles family law matters in a confidential, compassionate and professional manner. Beth’s clients come from different walks of life, including business owners, professional athletes, physicians, lawyers, teachers, managers, homemakers, and retirees.

Beth was named “Family Law Lawyer of the Year in Fort Myers” by Best Lawyers in America in 2017 and 2015. She was named one of the Top 50 Women Attorneys in Florida (2014—2015) by Florida Super Lawyers Magazine and holds the highest AV rating by Martindale-Hubbell. Beth can be reached at 239-344-1302 or by email at beth.vogelsang@henlaw.com