Domestic Violence Charges and Child Custody
- August 11, 2021 2:15 pm
- Written by admingl
- Categories: Brevard County FL | Criminal Defense | Domestic Violence | Florida Laws | Legal Advice | Practice Areas
Domestic violence is a big issue across Brevard County, including Cocoa, Cocoa Beach, Cape Canaveral, Melbourne, Merritt Island, Rockledge and surrounding areas.
With COVID-19 some victims were stuck with their abusers, while others were the target of false or exaggerated claims. Regardless of the situation, hostility around children is never ok and abusive relationships often lead to issues regarding the child’s safety and well-being, including custody after domestic violence charges have been filed.
Florida judges are required by law and ethic duty to consider the best interests of the child when determining who gets custody. In the absence of proven abuse, the judge is required to presume that both parents working together towards the betterment of the child is the best path forward.
If there is credible evidence that domestic violence had taken place, that judge would be less likely to grant custody to the abuser. A judge may even issue an order of protection to aid in preventing further harm.
Similarly, visitation is typically awarded to the other parent or guardian, presuming that the court determines that there is no serious risk of endangering the child’s mental, moral, emotional or physical health and well-being as a result.
In situations where abuse is suspected but not proven, a judge may order ‘supervised’ visitation to reduce any potential risk of abuse.