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How Much Placement Will Each Parent Get?

The court is expected to create a schedule that will allow for regular and meaningful placement with both parents in a way that maximizes time with both parents and in the child’s best interest. However there are certain situations in which that type of maximum placement is not in the child’s best interest. If there has been abuse in the home, whether to the child or between spouses, the court can make a determination that it is not in the best interest of the child to maximize placement with the offending parent. Some circumstances can be so harmful to the child that the court may actually require an offending parent to have supervised placement. In addition to physical abuse, other situations that may require a deviation from the presumption of maximizing placement include but are not limited to one parent suffering from an alcohol or drug abuse situation, one parent suffering from untreated or uncontrollable mental health. In these situations it is extremely important that both parents seek the assistance of an experienced attorney to make sure that their rights to their child are being properly protected and that the best interests of the child are being met.

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