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.