QUESTION
What options are there to establish child custody and support in a domestic violence situation?
Asked on Jul 13th, 2015 on Domestic Violence - Florida
More details to this question:
Husband was arrested for domestic violence and simple assault (May 22, 15) this occurred in front of the common child of the couple. Husband has moved out of the family residence. Wife wants to apply for custody and support for the child. The couple is trying to make amends. Wife has requested Husband to assist financially. Husband refuses to provide any monies toward the upkeep and support of the child.
1 ANSWER
From the facts you described the Wife is not seeking to divorce the Husband. Therefore, she needs to file a Petition for Support (see link below for the form).
I am not sure why she would seek "custody" if she is the one who has the children. When the couple is married, both the Husband and the Wife have equal rights when it comes to the access to the children.
http://www.flcourts.org/core/fileparse.php/533/urlt/904a.pdf
Best of Luck,
Helena Y. Farber, Esq. ~Associate Attorney~
Law Office of Cindy S. Vova, P.A.
www.vovalaw.com
Answered on Jul 14th, 2015 at 10:48 AM