QUESTION

Husband was arrested for DV.

Asked on Mar 19th, 2018 on Domestic Violence - Florida
More details to this question:
My husband was arrested for DV and has an ongoing trial coming up. Will it be easier for me to get full custody of my daughter?
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
  Dear Anonymous:   I am sorry you are going through this.   Unfortunately, Florida law has a very low bar when it comes to establishing time sharing with children.  Getting "full custody", as such, is very difficult.  The law assumes that parents should have shared decision making, and each parent should spend time with the children.  However, there are a number of factors that a court must take into account in determining time sharing.  Those factors are found in Section 61.13, Fla. Stat.  Among those factors is Section 61.13.(3)(m), which requies the court to take into account:     Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.      If your children were a victim of the domestic violence (and I hope not) or witnessed the violence, those are strong points favoring you having sole parental authority and restricting his timesharing or even having supervised time sharing.       Based on this factor, his acts are sure going to help you in establishing  at least the majority of the timesharing with the  children. Keep in mind, however,  that each case is unique, and if you are seeking sole parental authority you should consult with an attorney to review all the facts in your case before you go to court.   Best of luck, CIndy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-965-2785 info@vovalaw.com
Answered on Mar 21st, 2018 at 6:25 PM

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