Is domestic violence considered in Florida Child Custody?
Domestic violence is a serious issue that affects how a Judge will determine each parent’s parental responsibility including time-sharing with the child, and decisions made regarding the child. In addition to domestic violence, Sexual Violence, Child Abuse, Child Abandonment, or Child Neglect can affect this.
It is Florida’s public policy that both you and your spouse share in the responsibility of raising your child and that your child has frequent and continued contact with both of you unless you or your spouse has been convicted of or has pending actions regarding regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.
The court will consider evidence of domestic violence or child abuse as evidence of detriment to the child whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence.
If this evidence is accepted by the court then it is considered a rebuttable presumption and that this is detrimental to the child. If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent.