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How is Domestic Violence considered in Child Custody within Florida Family Law?

Domestic violence is considered very seriously in child custody cases in Florida. Courts will always prioritize the safety and welfare of the child when making custody decisions.

If there has been any domestic violence between the parents, the court will consider a number of factors when determining custody, including:

  • The severity and frequency of the violence
  • Whether the violence was directed at the child
  • The impact of the violence on the child
  • Whether either parent has a history of domestic violence
  • Whether either parent is likely to engage in domestic violence in the future


The court may also consider other factors, such as the relationship between the child and each parent, the child’s needs, and the parents’ ability to co-parent.

If the court finds that there is a risk of domestic violence, it may order that one parent have sole custody or primary custody of the child. The court may also order supervised visitation for the other parent. In some cases, the court may order the other parent to complete a domestic violence intervention program.

It is important to note that even if there has been no domestic violence, the court may still consider allegations of domestic violence when making custody decisions. This is because the court wants to make sure that the child is in a safe and supportive environment.

If you are involved in a child custody case and there has been any domestic violence between you and the other parent, it is important to consult with an experienced family law attorney. An attorney can help you understand your rights and options, and can represent you in court.

Here are some additional tips for domestic violence victims who are involved in child custody cases:

  • Be honest and upfront with the court about the domestic violence.
  • Provide the court with any evidence of domestic violence, such as police reports, medical records, or witness statements.
  • File for a domestic violence injunction, if necessary.
  • Ask the court for supervised visitation for the other parent.
  • Cooperate with any domestic violence intervention programs that the court orders.


Remember, the safety of your child is the most important thing.

Family Law can be complicated and frustrating, navigating the system can be costly and burdensome. At Tumarkin & Burns, P.A. of Osceola County, Florida we’ve seen it all and helped hundreds of family law clients. If you need help or have questions, we are here to help. Simply click here and schedule an appointment with our team. 

This is for informational purposes only, not to be construed as legal advice.


We write our content using AI which is then reviewed by a human. Sometimes mistakes happen and the incorrect information is published. The content on this website does not constitute financial, legal, medical, or any other professional advice. Users should consult with the relevant professionals for specific advice related to their situation.