Florida judges are often reluctant to place children under the responsibility of an adult who is prone to abusive behavior. This is because the most significant risk factor for passing family violence from one generation to another is witnessing violence between parents, including severe accusations such as aggravated child abuse.
As a result, if you have been accused of domestic violence in Florida, you may be concerned about how this accusation will affect your custody or visitation rights with your child. Criminal Defense Attorney Brian Gabriel has experience defending the rights of Floridians accused of various crimes, including those involving domestic violence, for over 30 years. He understands how an arrest or criminal conviction could impact your life.
Understanding Domestic Violence and Child Custody in Florida
Domestic violence is a serious issue that affects many families in Florida, and it can have a significant impact on child custody cases. In Florida, domestic violence encompasses acts such as assault, battery, sexual abuse, stalking, kidnapping, or other criminal offenses committed by one household or family member against another, causing injury or death.
When a parent is accused of domestic violence, it can severely affect their ability to obtain child custody. Florida courts prioritize the safety and well-being of children, and allegations of domestic violence are taken very seriously. Judges will carefully review any evidence of abuse to ensure the child’s best interests are protected in child custody cases.
What Do Florida Judges Take into Consideration When Determining Child Custody in Florida?
When making child custody decisions, judges in Florida review many factors to determine what they think will be best for the child. Family law judges play a crucial role in making these decisions, especially in cases involving domestic violence, as they prioritize the child’s safety and well-being. Florida judges may take into consideration the following:
- The child’s relationship with each parent
- How the parents currently divide responsibilities for the child
- Each parent’s parenting abilities
- The child’s current living environment
- The parent’s moral character
- The physical and mental health of each parent
- The child’s community and school
- What the child wants
- How knowledgeable the parent is about the child, including:
- Who their friends, teachers, and medical care providers are
- What activities they participate in
- What their favorite things are
- Each parent’s discipline style
- If the parent can provide daily schedules for meals, bedtime, and homework
- How willing each parent is to communicate with the other parent about issues or activities involving the child
- Whether the parent has any issues with substance abuse
- Any evidence of abuse, including:
- Domestic violence
- Sexual violence
- Child abuse
- Child abandonment
- Child neglect
Child Custody in Florida: An Overview
In Florida, child custody is determined by the court’s consideration of the best interests of the child. There are two types of child custody in Florida: legal custody and physical custody. Legal custody refers to which parent will make important decisions regarding the child’s medical care, education, and religious upbringing. Physical custody, by contrast, determines the child’s primary residence and outlines how visitation with the other parent will be arranged.
Florida courts consider several factors when determining child custody, including the child’s wishes, the child’s relationship with each parent, the parent’s ability to provide a stable and loving home, and any history of domestic violence or child abuse. The court’s primary goal is to ensure a safe and nurturing environment for the child.
How a Domestic Violence Claim Could Affect Your Child Custody in Florida
When determining child custody, Florida judges first presume that both parents should share custody unless there is reason to believe it would be damaging to the child. If a parent has a domestic violence conviction, the judges may see it as potentially detrimental to the child if they were to give that parent custody. A domestic violence conviction shows the potential risks to the child, indicating to judges that placing children in the custody of an abusive parent is not in their best interest.
The State of Florida defines domestic violence as:
“…any assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping, false imprisonment, or any criminal offense resulting in physical injury or death of one family or household member by another family or household member.”
A parent accused of domestic violence will have the burden of proving to the court that they deserve to share custody with the other parent. Even if the parents were acquitted of domestic violence, the judge would still review any evidence of violence or abuse before deciding how to split custody.
Supervised Visitation and Termination of Parental Rights
In cases where a parent has been accused of domestic violence, the court may order supervised visitation to ensure the child’s safety. Supervised visitation means a trained supervisor will oversee all visits between the child and the abusive parent.
Florida courts partner with approved supervised visitation programs designed to manage interactions between parents and children. In extreme cases, a judge may decide that it is in the child’s best interest to terminate the parent-child relationship, which is called “termination of parental rights.”
This can occur when a parent has abandoned the child, has been convicted of a felony, has been convicted of a misdemeanor that involves domestic violence or child abuse, or has been found to be unfit to parent the child. These measures are taken to protect the child from potential harm and ensure their well-being.
What to Do After a Domestic Violence Accusation
If you are accused of domestic violence, the actions you take immediately following the accusation can significantly impact your legal situation, especially when it comes to navigating a child custody dispute. Here are critical steps to consider:
- Contact an attorney: Immediately seek the advice of a criminal defense attorney who has focused knowledge of domestic violence. Criminal Defense Attorney Brian Gabriel can guide you through the legal processes, represent your interests in court, and work to minimize the impact of the accusation on your life.
- Comply with any legal orders: If a restraining order or protective order is issued against you, follow it meticulously. Violating the order can lead to additional legal penalties and negatively affect your custody case.
- Document everything: Keep detailed records of interactions related to the accusation. This includes conversations with your partner, exchanges regarding your children, and any relevant interactions with law enforcement or legal representatives. Documentation can be crucial in court.
- Avoid direct contact with the accuser: Until your legal representative advises otherwise, do not contact the accuser directly, if possible. Communication should be handled through your attorney to avoid escalations or misunderstandings that could worsen your situation.
- Seek support: Consider consulting a therapist or counselor who specializes in domestic issues. They can provide support and potentially offer testimony or reports that support your character and parenting in court.
- Prepare for a custody evaluation: Be ready to participate in a custody evaluation, which may be ordered by the court. Demonstrating awareness and involvement in your child’s life, stability, and a safe environment can help your case. Be prepared to present evidence of your relationship with your child and your role in their upbringing.
- Gather witnesses and evidence: Identify potential witnesses who can testify to your character, parenting, and the specifics of the accusation. Gather any evidence that may support your account of events or demonstrate your fitness as a parent.
- Stay informed: Stay informed about the status of your case and understand the potential outcomes. Your attorney will provide updates and explanations, helping you make informed decisions throughout the process.
Taking these steps promptly can help protect your rights and position you more favorably in child custody proceedings. It’s important to act thoughtfully and strategically to navigate this challenging situation effectively.
Supportive Measures and Resources for Survivors
Survivors of domestic violence in Florida have several supportive measures and resources available to them. The Florida Coalition Against Domestic Violence (FCADV) offers crucial information and services, including a 24-hour hotline and online resources. Advocacy groups, such as the Florida Domestic Violence Hotline, provide a powerful support system, championing the rights of survivors and assisting in navigating the complexities of custody litigation.
Additionally, Florida encourages participation in educational and intervention programs to increase awareness and provide tools for coping with the impact of domestic violence on custody issues. Programs such as the Parental Education and Family Stabilization Course aid in understanding the effects of domestic violence on children. These resources are invaluable for survivors seeking to protect their rights and ensure the safety and well-being of their children.
Accused of Domestic Violence? Protect Your Rights with a Palm Beach County Criminal Defense Attorney
With over 30 years of experience, you can rely on Criminal Defense Attorney Brian Gabriel to handle your Florida domestic violence case using all the knowledge and skills developed over the span of his career.
Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.