How Domestic Violence Impacts Timesharing in Florida
In Florida family law, the best interests of the child are the top priority when determining timesharing arrangements. When allegations or evidence of domestic violence are involved, the court takes additional precautions to protect the child’s safety and emotional well-being. If you’re a parent concerned about domestic violence and custody, it’s important to understand how Florida law addresses this issue.
At Gisondo Law, we guide families through high-conflict custody matters with a strong focus on safety, fairness, and legal clarity.
How Judges Assess Domestic Violence in Custody Cases
Florida law requires courts to consider any evidence of domestic violence—whether proven or alleged—when establishing or modifying parenting plans. Judges may look at:
- Police reports and protective orders
- Medical or psychological records
- Testimony from witnesses or professionals
- The nature, frequency, and severity of the abuse
If the court determines that a parent has committed domestic violence, especially in front of the child, it can significantly affect timesharing rights.
Legal Protections in Parenting Plans
In cases where domestic violence is a concern, the court may implement safeguards in the parenting plan, such as:
- Supervised visitation – Visits may only occur under the watch of a neutral third party.
- No overnight stays – To reduce risk or emotional stress for the child.
- Limited communication – Parents may be ordered to communicate only through secure channels or parenting apps.
- Protective orders – The court may issue a restraining order to prevent further contact or harassment.
These provisions are designed to ensure the child has safe, structured contact with both parents whenever appropriate.
Can Timesharing Be Terminated?
In extreme cases—particularly when there is a pattern of serious violence or a threat to the child’s safety—the court can terminate a parent’s timesharing rights entirely. However, this is considered a last resort and typically follows a thorough legal process with substantial supporting evidence.
Florida law also allows a parent to petition for a change in timesharing if new incidents of abuse occur after a parenting plan has been established.
Protecting the Child’s Best Interests
Judges weigh each case carefully to strike a balance between protecting the child and maintaining a meaningful relationship with both parents. However, when abuse is present, the court will always prioritize the child’s physical and emotional safety.
Parents who have been victims of domestic violence should work with an attorney who understands how to present this information effectively in court and advocate for appropriate protections.
Conclusion:
If domestic violence is affecting your family, you don’t have to navigate the legal system alone. At Gisondo Law, we help clients in Palm Beach Gardens and throughout South Florida protect their children and assert their rights in family court.
To schedule a free, initial, in-office confidential consultation, call (561) 530-4568 or visit GisondoLaw.com today. We’re here to support you and your children every step of the way.