Many relationships in the Fort Meyers area end because a spouse is physically, verbally or emotionally abusive. Abuse can impact families of all shapes, sizes and backgrounds, including those that are doing well financially.
In these situations, the priority of the parent will be to protect their children.
Thankfully, Florida law protects victims of abuse in a child custody case, allowing parents to argue that the normal rules of roughly equal parenting time and shared parental responsibility should not apply.
Handling a child custody case when a parent is concerned about abuse is complicated and will depend a lot on the family’s circumstances.
For example, it may be a lot easier of the perpetrator realizes that they have a problem and is willing to get help and agree to a safety plan. Unfortunately, too often, an abusive spouse will not accept responsibility.
A victim of abuse trying to protect their kids should know their legal options
While its best for an abuse victim to get professional legal guidance about their options since those options depend on their individual circumstances, here are some general principles to keep in mind:
- If a spouse has been convicted of a crime related to domestic violence that was at least a first-degree misdemeanor, the court will presume that it is not in a child’s best interest to award shared parental responsibility or equal parenting time. The perpetrator will have to show the court that they should have equal access. Other criminal behavior can limit custody and parenting time as well.
- Related to this point, victims should report illegal behavior involving domestic abuse to the proper authorities. It is important, though, that such reports be truthful. Exaggerating or fabricating allegations to get an edge in a divorce will be strongly frowned upon.
- Even if criminal charges have never been filed, an abuse victim can still introduce evidence of abusive behavior or even the possibility of abusive behavior. However, it will be the parent’s burden to prove that the judge should order sole parental responsibility to them or limit the other parent’s time with the children.
While it is important for Florida parents to recognize that parental responsibility cases are not open-and-shut even in abuse situations, victims do have options for protecting themselves.
