Can a Criminal Charge Affect Child Custody in Florida?
Florida law requires courts to determine parental responsibility and time-sharing according to the best interests of the child. The law currently creates a rebuttable presumption that equal time-sharing is in a minor child’s best interests. However, that presumption can be overcome when the evidence establishes that equal time-sharing would not serve the child’s best interests.
A criminal charge can become relevant when the alleged conduct relates to the factors the court must consider. Evidence involving domestic violence, sexual violence, child abuse, abandonment, neglect, or substance abuse can have particular significance. Florida courts may also consider other circumstances relevant to the parenting plan and time-sharing schedule.
A pending criminal charge is not proof that the alleged conduct occurred. At the same time, family courts are not necessarily required to disregard relevant conduct simply because it has not resulted in a criminal conviction. Florida law specifically requires courts to consider evidence of domestic violence or child abuse when evaluating whether shared parental responsibility would be detrimental to a child.
At Archer Law, we help clients in Clermont and throughout Polk, Lake, Sumter, and Seminole Counties address criminal charges that may affect parental responsibility and time-sharing. Contact us for your criminal defense and to understand how the allegations, evidence, and outcome could affect your child custody case.
Criminal Convictions and Parental Responsibility
Certain criminal convictions can have specific consequences for parental responsibility and time-sharing in Florida. For example, a conviction for a first-degree misdemeanor or higher involving domestic violence creates a rebuttable presumption that shared parental responsibility would be detrimental to the child. Florida law establishes similar presumptions in certain other specifically defined circumstances.
If an applicable presumption is not rebutted, the consequences can be substantial. Depending on the statutory provision involved, shared parental responsibility, time-sharing, and decision-making authority may be restricted. A parent’s financial support obligations are not eliminated simply because parental responsibility or time-sharing is restricted.
Because the consequences depend on the particular offense and circumstances, you should understand both the criminal charge and its possible effect on your parental rights before making significant decisions in either proceeding.
What a Florida Court Considers
A criminal charge can affect a Florida custody case, but the charge alone does not determine the outcome. The court must evaluate the child’s best interests based on the circumstances of the particular family.
Relevant issues can include:
The nature of the offense: Allegations involving violence, substance abuse, child-related conduct, or other safety concerns may be especially relevant to parenting decisions.
The evidence surrounding the charge: The court can consider relevant evidence concerning the alleged conduct rather than treating the filing of a criminal charge itself as proof of wrongdoing.
The parent’s relationship with the child: The court considers factors such as each parent’s ability to foster an ongoing parent-child relationship and to place the child’s needs ahead of the parent’s own desires.
The child’s safety and stability: Evidence of domestic violence, sexual violence, abuse, abandonment, neglect, and substance abuse can factor directly into the best-interest analysis.
The parent’s ability to provide consistent care: The court considers a parent’s capacity to provide a consistent routine, participate in school and extracurricular activities, and meet the child’s developmental needs.
If you are facing both proceedings, we can identify aspects of the criminal matter that could affect child custody and support and help you understand the possible consequences.
How We Can Help With a Custody Case
Criminal and family court proceedings are separate matters, but they can overlap. Evidence, statements, court orders, and outcomes arising from a criminal case may become relevant when parents dispute parental responsibility or time-sharing.
Our firm helps you address these concerns by reviewing the criminal allegations and identifying issues that could affect your parenting case. Depending on the circumstances, that work can include:
Reviewing the charges: We examine the alleged offenses, supporting allegations, available evidence, court documents, and procedural status of your criminal case.
Protecting your rights: We help you understand your rights in the criminal proceeding and the potential consequences of the statements you make or decisions you make.
Preparing for related proceedings: We help you understand how developments in the criminal case may affect parental responsibility or time-sharing.
Addressing safety-related allegations: When allegations involve domestic violence, substance abuse, or conduct affecting a child, we help you respond to the criminal issues involved.
Explaining possible consequences: We discuss how different outcomes in your criminal case could affect related family law concerns.
Getting legal advice early can be particularly important when criminal and family proceedings are happening at the same time. A decision made in one case may affect your position in the other.
Protecting Your Parental Rights With a Criminal Defense Lawyer
A criminal charge does not automatically determine parental responsibility or time-sharing in Florida. The court focuses on the child’s best interests, and the effect of a criminal matter depends on the allegations, evidence, applicable law, and circumstances of your case.
At Archer Law, we help clients in Clermont and throughout Polk County, Lake County, Sumter County, and Seminole County understand their criminal charges and how those charges may affect related parenting issues. We can help you address the criminal proceeding while considering the potential consequences for your parental rights.
If you are facing criminal charges while dealing with a custody or time-sharing dispute, contact our Florida criminal defense attorney to schedule a consultation and learn how we can help protect your rights.