Domestic Violence and Custody Determinations

Can or will the court consider domestic violence when determining custody or timesharing?

When dealing with the initial custody determination or a subsequent modification of the time sharing or custody, the court will look to see what is the best interest of the particular minor child and the circumstances of that family. Domestic Violence is one of the many factors that are listed in the statute that are considered when determining the best interest of the child. (You can look at Florida Statute 61.13 for a list of all the factors that the court can consider.)

If a parent has been convicted of a felony of the third degree or higher involving domestic violence, the evidence of the conviction creates a rebuttable presumption of detriment to the child. However, even without a conviction or an injunction for protection against domestic violence, the court still must consider evidence of domestic violence when determining custody and the best interest of the child.