How Does Domestic Violence Affect Child Custody in Florida?

Written by:Julian Stroleny PortraitJulian Stroleny
Photo of Domestic Violence Victim

Attorney Julian Stroleny understands how difficult it can be to deal with a domestic violence case. When domestic violence occurs in a family, it can have a significant impact on a Florida child custody case. If you’re in the midst of a divorce or family dispute involving domestic violence, it’s critical to understand your rights and the child custody implications.  

In this post, you will learn about child custody in Florida and how domestic violence accusations could impact your child custody case. If you have questions about your situation, domestic violence attorney Stroleny is ready to answer them today. 

Florida Child Custody Overview

Before covering domestic violence, it’s essential to have a general overview of child custody in Florida. Parents are encouraged to work out their differences when there is a dispute over child custody in Florida. But child custody is often a contentious matter, especially when there are accusations of domestic violence. 

The issues that come up most often in child custody disputes are physical custody and time-sharing. In a normal situation without domestic violence, the court would try to make these issues as equal as possible. One parent would typically be the primary custodian, and the other would be granted visitation rights. Factors that usually impact child custody are: 

  • If the parent was active in the education and social activities of the child. For instance, did the parent go to parent-child conferences? How family-oriented are the parents with the child’s teachers, friends, and healthcare providers? 
  • Can the parent give the child a healthy routine that involves getting them to and from school, doing homework, and providing a regular bedtime? 
  • Do the parents reside near each other, or will the child have to travel long distances? 
  • Has either parent made accusations of domestic abuse or violence? 

How Domestic Violence is Defined Under Florida Law 

When the family court decides on child custody, the judge will presume that the parents should share custody unless there is a solid reason to believe it would harm the child. When a parent has a pending domestic violence charge or has been convicted, it is a significant factor in the custody decision. 

Florida law defines domestic violence as: ‘…any assault, battery, aggravated assault, sexual assault, sexual battery, kidnapping, false imprisonment, or any criminal offense that leads to physical injury or death of a family or household member by another family or household member.’ 

How Do Florida Family Law Judges Decide Child Custody? 

There are two forms of child custody in Florida: legal custody and physical custody. Legal custody refers to which parent will decide the child’s educational, medical, and religious matters. On the other hand, physical custody means where the child will reside and how parental visitation will be handled. Family law judges will consider multiple factors when rendering legal and physical custody decisions: 

  • The quality of the parent-child relationship
  • Which parent the child prefers
  • Each parent’s moral character
  • How stable the child’s home environment is
  • How much knowledge each parent has about the child’s life
  • Any issues the parents have with drugs or alcohol
  • Any evidence of domestic violence, child abuse, or matters that affect the child’s safety

Many factors affect a Florida child custody decision, but if there is evidence of domestic violence, it can have a significant impact on custody. You should contact an experienced criminal defense attorney if you have been so accused or if there is evidence of domestic violence. 

Domestic Violence Conviction or Accusation and Child Custody 

Florida family court judges generally assume that parents should share child custody; it is presumed that the child will benefit from a close relationship with both parents. However, a domestic violence conviction shows that giving custody to the accused parent may not be in the best interests of the child. In that case, the convicted parent may need to show why they should get child custody. Their parental rights could be questioned. 

Even if the child abuse or domestic violence is merely alleged and not proven, the judge will carefully consider any relevant evidence. At the start of the child custody proceeding, each parent is required to tell the judge if there are any pending domestic violence matters. If evidence exists, the judge may rule that the abusive parent cannot have child custody. 

The court can also assume that a parent who has been convicted of sexual battery, sexual abuse, incest, indecent exposure, lewd behavior, aggravated child abuse, etc, should not be allowed custody or visitation. 

The family court may allow visitation rights, but a complete court investigation will be required. Depending on the degree of violence that is alleged, the family court may allow supervised visitation. Or, in rare cases, the judge may end the abusive party’s parental rights. This could occur if the parent is a violent criminal, sexual predator, or has been convicted of murder. If your parental rights are at risk, you need legal representation. 

Photo of Domestic Violence

If Child Custody Is At Risk, You Need An Attorney 

The state of Florida will always take an aggressive stance toward convicting someone for domestic violence. Working in the interest of the abused parent and child is considered one of the state’s top responsibilities. 

So, if you have been arrested for domestic violence, even if you think it was a misunderstanding, you should hire a criminal defense lawyer. When your freedom and custody issues hang in the balance, you should have an excellent attorney building the best defense. 

Speak to a Domestic Violence Attorney Today 

Domestic violence can harm a Florida child custody case. After all, Florida courts always put the needs of the child first. If you are dealing with domestic violence and a child custody dispute, it’s essential to speak to a criminal defense attorney. They will ensure your domestic violence case has the best possible outcome regarding your child custody case. Attorney Stroleny has a superb 10.00 Avvo rating and was recently named a Florida Super Lawyer. For a complimentary legal consultation about your domestic violence case, please call Stroleny Law: Criminal Defense Attorney, today at (786) 481-4129.


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