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Vanessa L. Prieto Law Offices, LLC
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Legal Abuse An Unfortunately Common Tactic In Fort Lauderdale Child Time-Sharing Cases

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A breakup is never easy, but it is particularly hard when there are children involved. When parents go through a divorce or other separation, child time sharing is often a hotly contested issue.

Unfortunately, one of the parties may engage in legal abuse. This involves making false threats, baseless claims, and otherwise using the court to extract punishment on a partner and jeopardize their legal rights. Our Fort Lauderdale child time-sharing lawyer explains more about this type of behavior and how a targeted parent can protect their rights.

How Disputes Between Parents Become Legal Abuse

Under the Florida Statutes, child time-sharing arrangements are encouraged. However, the court’s primary concern is protecting the child’s best interest. If there is reason to believe one of the parents has the potential to harm the child or otherwise put them at risk, their parenting time may be restricted.

This can work in your favor in certain situations. However, the other parent can also use it to seek vengeance and rob you of your rights. Legal abuse can happen in high-conflict cases, where one party attempts to unfairly sway the court or otherwise take improper actions against the other. Psychology Today states that legal abuse in child time-sharing cases typically involves the following:

  • Making false, defamatory remarks against you in legal proceedings;
  • Gaslighting, which involves creating a false narrative, such as that you are unstable or unsafe for the child to be around;
  • Frivolous litigation, or filing legal documents for no legitimate reason or grounds;
  • Parental alienation, such as badmouthing you to the child and encouraging them to take their side in court.

Protecting Yourself Against Legal Abuse When Negotiating Child-Time In Florida

The National Council of Juvenile and Family Court Judges (NCJFCJ) reminds court officials that any behavior that could put the child’s physical or mental health at risk is considered abusive. This includes false accusations, frivolous lawsuits, and other types of legal abuse.

If you are going through a divorce or separation and the other party is engaging in very harmful and destructive behavior, follow these steps to protect yourself and your rights:

  • Document everything, including all legal actions filed, outbursts and accusations in legal settings, and any threats or accusations made against you either in person, by phone, email, or other means.
  • Keep calm. Abusers are master manipulators. They want to ‘push your buttons’ and provoke the type of outburst that will likely work against you in court and support their claims.
  • Notify law enforcement if they make physical threats or engage in stalking and other harassment.
  • Get legal help. You need experienced, professional legal representation from someone who can serve as a strong ally on your side.

Contact Our Fort Lauderdale Child Time-Sharing Lawyer

Legal abuse is unfortunately common in Fort Lauderdale child time-sharing cases. To protect your child and your rights as a parent, reach out to Fort Lauderdale divorce lawyer Vanessa L. Prieto. For experienced, local legal representation, contact us today and request a consultation.

Sources:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

psychologytoday.com/us/blog/invisible-chains/202201/its-post-separation-legal-abus

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