How does domestic violence affect child custody in Florida? This question is asked frequently. We should recognize the impact of domestic violence on relationships, both marital and parental. Generally speaking, Florida courts default to the position that every minor child should have continual and meaningful contact with both parents. This is often a hallmark of shared parental responsibility among the parents. The word shared is included because it is easier to raise a child when there is a mutual support system. Whether we think about it from a biological standpoint, a common-sense standpoint, or a philosophical perspective, raising a child with both parents caring and nurturing can have a wide variety of benefits for the minor child. How does domestic violence affect child custody in Florida? By allowing the court to intervene when evidence is presented of a potential detriment to the child. This is another reason why we have child custody laws in Florida, as they govern the conduct of people if there is a serious enough situation requiring the court’s awareness and guidance. Call 407-335-8113 today.
Generally, the court defaults to the proposition that equal timesharing for both parents is in the best interests of the child. The parents have some latitude to solve their own issues by working together at mediation or by otherwise developing a parenting plan on their own terms. This scenario may change when one of the parents has has a domestic violence injunction issued against him/her.
Child Custody Law in Florida
Here is where conflict and acrimony between the parties can impact a court’s award of timesharing between the parents. According to child custody law in Florida, the court may, after the presentation of evidence, find that one or both parents being involved in the child’s life would present a detriment to the child.
For example, if one side can present evidence that the other parent has been convicted of a crime, specifically a first-degree misdemeanor or a felony which involved domestic violence, the evidentiary standards shifts and the burden shifts to the guilty party. The convicted party must rebut the presumption that he/she is a detriment to the child’s well-being. If the convicted parent is unable to successfully rebut the presumption, then he/she will likely not be allowed to have shared parental responsibility. Consequently, to protect the minor child, the court may decide to grant sole parental responsibility to the non-guilty parent. This is just one way to answer how does domestic violence affect child custody in Florida. You should contact an attorney to help you argue your case and present evidence to the court.
Attorney Jonathan Jacobs can also answer your questions about alimony. Learn more about other types of alimony in Florida: Durational alimony, women paying men alimony, alimony factors, short term alimony, permanent alimony, and rehabilitative alimony. In fact, we have a page entirely dedicated to discussing and explaining alimony in Florida. This process can be eye-opening! Keep in mind that to establish jurisdiction in a Florida Court for child custody, you must satisfy the Uniform Child Custody Jurisdiction and Enforcement Act.
What about child support health insurance? Divorce mediation? We address those topics as well. Family law is in some ways under the vast umbrella of Florida civil litigation. Civil litigation involves non-criminal lawsuits and can involve a great deal of time and money at issue. Unlawful Detainer lawsuits are among our practice areas.