On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday November 20th, 2024.
Child custody cases are often challenging, but the presence of domestic violence adds a layer of complexity that cannot be overlooked. Florida courts prioritize the safety and well-being of children above all else, and accusations or evidence of domestic violence heavily influence custody decisions.
The Role of Domestic Violence in Custody Decisions
Domestic violence in Florida is defined broadly to include physical violence, emotional abuse, sexual assault, stalking, and other harmful behaviors. Family courts recognize the devastating effects these actions can have on children, even if they are not directly involved. Witnessing violence can harm a child’s emotional health and increase their risk of future behavioral issues.
To protect children, Florida law presumes that shared custody is ideal unless it would endanger the child. When one parent has a history of domestic violence, the courts are likely to limit their custody rights. Judges assess whether granting custody or visitation to the accused parent would jeopardize the child’s physical, emotional, or psychological well-being.
Factors Judges Consider in Cases Involving Domestic Violence
Judges evaluate several factors when domestic violence is a concern, including:
- Severity and History of Violence: The frequency and seriousness of the abusive behavior play a critical role. Evidence such as police reports, restraining orders, or witness testimonies is often reviewed.
- Impact on the Parent-Child Relationship: Judges examine how violence has affected the child’s emotional connection with each parent.
- Willingness to Change: Courts may consider whether the abusive parent has taken steps to address their behavior, such as attending counseling.
- Protective Measures: In cases where contact is allowed, supervised visitation may be required to ensure the child’s safety.
Protective Actions Parents Can Take
If domestic violence is part of your custody case, it is important to act. Victims can seek restraining orders, officially known as injunctions for protection, to keep abusers away. Courts may also develop detailed parenting plans to reduce risks, including supervised visitation or structured exchanges of the child.
Putting the Child First
If you are facing such a situation in Florida, understanding your rights and the legal processes is vital. For guidance tailored to your case, contact Wickersham & Bowers for personalized legal support.
