How Domestic Violence Affects Child Custody in Florida

How Domestic Violence Affects Child Custody in Florida

The rate of domestic violence is rapidly increasing today, which proves the need to get enough legal information about child’s custody. Florida family law frowns against child abuse during violence between parents. The state will then decide to withdraw the child from the parents or give them certain conditions or warnings.

When the involved parents’ divorce, the court chooses who keeps the child based on how each person plays in domestic violence. Sometimes, the court decides to find a foster home for the child if none of the parents is fit enough to bear the responsibility.

Child Custody in Florida

The Florida court considers two types of child custody: “physical custody” and the “legal custody.” Legal custody determines the parent that makes crucial decisions for the child, such as religion, education, and medical subjects. Physical custody determines who the child visits and when the child sees both parties.

However, the judge does not make these decisions without consulting the child and considering some factors.

  • The parents’ alcohol drinking habits
  • The parents financial capacity
  • Any record of child abuse or abandonment
  • The parents’ character and principles
  • Any presence of communication or trust issue
  • The child’s living and school environment

Supervised visitation: If the child agrees to visit an abusive parent, the court will assign a trained supervisor to watch the child. Sometimes, the state can bear the charges of the supervisor, or the parents are asked to pay for it.

What to Do When There is Domestic Violence

The first thing is to contact the emergency line in Florida, 911. After confirming your safety, you can then proceed to press charges.

The court may also give you an injunction, which means the accuser cannot come close or near to you. More so, you may choose the get a temporary request for that day by visiting your local clerk. This is when the situation is very threatening, and cannot seem to wait for court proceedings.

The Florida Commission Against Domestic Violence is available round-the-clock, and you can reach out to them or call whenever danger looms.

Know Your Right to Remain Silent When Charged With Criminal Cases

Know Your Right to Remain Silent When Charged With Criminal Cases

If you are charged with a criminal case, you can either have a right to remain silent or hire an attorney. However, when you have an attorney, you are also invoking the right to be quiet. This means you do not wish to answer to any interrogation until your lawyer is around.

Invoking the Right to Remain Silence and Police Protocol

Usually, the police will read to a suspect the regulations and rights to remain silent. If the suspect agrees not to participate in an interrogation, it does not stop the police from digging up evidence. Also, any implicating statement the suspect makes during the period of silence can still be used by the police as evidence. The best is not to speak until your attorney arrives at the situation.

More so, suspects don’t need to remain silent after being informed of their rights. The suspect may waive the right if there is a need for some voluntary statements. Nevertheless, the law does not support cajoling by the police, even for a criminal case, especially if it is an underage person.

How to Invoke Your Right to Remain Silent

According to the law, you will need to tell your interrogator expressively that you are exercising the right to remain silent. Often, police officers will take your statement as a request for a lawyer.

It would help if you also were careful of ambiguous or uncertain statements. For instance, “I may need to get a lawyer” or “what if I choose to remain silent.” No police will take you seriously in this case, and some may pretend to know you understand what you should say. Hence, they will continue the interrogation regardless.

If you are dealing with a skilled interrogator, you need to be clever with your actions and words. Often, they love to play ambiguity with suspects’ words.

Learn More About Your Right to Invoke Silence Through an Attorney

The best chance you will ever get before going to a court is by consulting the expert opinion. Wherein, invoking the right to remain silent grants you this opportunity. However, you can now learn more about your rights by reaching out to your local legal advisor or defense attorney.