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Fort Lauderdale Divorce Lawyer > Blog > Divorce > Fort Lauderdale Child Time-Sharing: Protecting Your Children When Domestic Violence Is An Issue

Fort Lauderdale Child Time-Sharing: Protecting Your Children When Domestic Violence Is An Issue

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Domestic violence is unfortunately common in Fort Lauderdale, and children are the youngest victims. When it comes to child time-sharing arrangements, protecting them is a top priority.

Whether you are a single or divorced parent, you may feel overwhelmed and unsure of how the court will handle your case. Our experienced Fort Lauderdale divorce lawyer explains the laws that apply in cases involving domestic violence and steps you can take to protect yourself and your children.

How Florida Law Handles Domestic Violence in Fort Lauderdale Child Time-Sharing Cases

In disputes involving parents, Florida courts generally presume that time-sharing is in the child’s best interests. However, that changes when domestic violence is an issue.

According to the Florida Department of Law Enforcement, more than 100,000 domestic violence incidents are reported throughout the state each year, and many more go unreported. Under Florida Statute Section 61.13, the court must consider evidence of domestic violence, child abuse, and neglect when determining parental rights and child time-sharing.

When domestic violence is an issue, there’s a logical presumption against time-sharing. That parent must then defend their behavior and parental rights. Other key protections Florida law provides include:

  • Courts can order supervised visits to protect a child during any contact with an abusive parent.
  • Judges can award sole parental responsibility to the non-abusive parent.
  • A protective injunction may include temporary provisions, such as a restraining order, to immediately shield the child.
  • Courts consider evidence of domestic violence even when no criminal conviction exists.

Make no mistake: this is a difficult situation to navigate on your own. Getting legal help provides support and the professional representation you need.

Steps You Can Take to Protect Your Child

When protecting children from abusive behavior, you do not have to wait for a conviction before the court will act. Judges with the Broward County Family Court take domestic violence accusations seriously and can quickly put protective measures in place. Take these steps to protect yourself and your child:

  • Call 911 and file a police report every time an incident occurs, even if it seems minor.
  • Write down these incidents, including dates, details, and any witnesses.
  • Save all threatening messages, emails, or voicemails as evidence.
  • Consider an Injunction for Protection Against Domestic Violence.
  • Request an expedited hearing if your child is in immediate danger.

When domestic violence is an issue, the court must create time-sharing arrangements that actively protect both you and your child from further harm. This may include eliminating time-sharing for the abusive parent.

Reach Out And Request a Consultation With Our Experienced Fort Lauderdale Domestic Violence Lawyer Today

If domestic violence is a factor in your Broward County child time-sharing case, you need a strong legal advocate in your corner right away.

At Vanessa L. Prieto Law Offices, we provide caring client support and the comprehensive legal representation you need to protect yourself and your child. Reach out and request a consultation with our experienced Fort Lauderdale domestic violence lawyer today.

Sources:

fdle.state.fl.us/cjab/ucr/annual-reports/ucr-domestic-violence

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html

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