Can I Limit My Child’s Exposure to My Exes Guns?
When dividing your child between you and your former partner, it is common to feel a loss of control as you will not be with your child part of the time and you want to ensure their safety throughout the day. However, this is where you knowing your rights and developing a detailed parenting plan can ease your worries. Your Orlando Child Custody Attorney can aid you in discussing your specific worries and how to implement them into your parenting plan.
One of the most common concerns of a parent is their child’s exposure to firearms or weapons. Statistics show that almost 500 children die from gun injuries every year and 7,500 others are hospitalized. Therefore, this can become a significant issue when one parent is against guns within a home and the other expresses their right to own firearms. Although it is legal and a constitutional right to own firearms, you also have a constitutional right to raise your children in the ways you desire. Therefore, if you have concerns about guns in your former parent’s home and your child’s exposure to them, bring this to the attention of your Orlando Child Custody Attorney to discuss when drafting your parenting plan.
If your request to remove firearms from the home is not accepted, you may instead cite specific Florida Law in your Parenting Plan to ensure certain protocols are followed to remove the likelihood of a child’s access to the weapons. For instance, Florida Statute requires any owners of firearms, who knows or reasonably should know that a minor under the age of 16 could gain access to the weapon, must ensure the weapons are secured in a locked container, secure location, or with a trigger lock. Failure to adhere to this statute can result in criminal penalties. However, this statute does not apply to an individual who is carrying the firearm on his or her person. Further, there are certain individuals who are prohibited by Florida Law from possessing firearms all together. Any convicted felon, who has not been restored their civil liberties, or an individual convicted of domestic violence may lose their right to be in possession of a gun.
However, even with the prior statutes mentioned in a parenting plan a parent may still be uncomfortable with the presence of firearms in the home. If your child has a history of mental health disorders such as suicidal thoughts, mood swings, or substance abuse issues, this may be a basis for complete removal of the weapons from the home. Although overcoming the constitutional right to own weapons is difficult, you can take steps in your parenting plan by agreeing to the removal of weapons, citing particular Florida law, or arguing before a court your child’s specific needs and concerns regarding the presence of weapons in the home. Therefore, it is important to discuss with your Orlando Child Custody Attorney your concerns about the presence of firearms in your former partner’s home and develop a strategy for moving forward.
Speaking to an attorney at our Orlando office is free of charge, and we accept calls 24 hours a day, 7 days a week. Contact us at 407-512-0887 or complete an online contact form to get in touch with a member of our team today.