When a couple with children divorces, they will typically ask the court to determine their parental rights, including how custody should be divided. Courts weigh numerous factors prior to issuing custody decisions, including whether either party engaged in acts of domestic violence. Once a family court issues a timesharing order, though, that order will dictate parental rights regardless of whether another court determines that custody should be modified due to domestic violence. This was demonstrated in a recent Florida ruling in which the court reversed a domestic violence injunction to the extent it altered the father’s custody rights. If you have questions regarding your custody rights, it is advisable to consult an experienced Florida family law attorney as soon as possible.
The Facts of the Case
Reportedly, the wife filed for divorce in 2016. Shortly after she filed the divorce petition, she filed a petition for a domestic violence injunction against the husband. In the domestic violence petition, she set forth numerous instances where the husband threatened her with acts of violence, verbally abused her, and shoved her in the years preceding the petition.
Allegedly, the court entered a default injunction against the husband but did not include a provision regarding the parties’ timesharing of their minor children. In 2020, the court vacated the injunction and scheduled a new hearing because the husband had not received proper notice of the final hearing on the injunction. Following the hearing, the court again issued an injunction and granted the wife 100% of the timesharing rights. The husband appealed, arguing that the injunction conflicted with the family court custody order. Continue reading ›