Parenting & Time-Sharing §61.13(3) Part 15 of 19 | Divorce Attorney Fort Myers/Naples
(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought. If the court accepts evidence of prior or pending actions regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect, the court must specifically acknowledge in writing that such evidence was considered when evaluating the best interests of the child.
- The filing of a petition for an injunction and the issuance of an injunction is not proof of domestic violence in a dissolution action. Some petitions are false. Many injunctions are entered by consent and without a finding of violence. Many are entered after a hearing on evidence that justifies an injunction but may not justify any restrictions on parenting time with the children.
- Evidence of domestic violence directed toward one parent is a sufficient basis for restricting the battering parent’s contact with the children. The court can order supervised visitation or terminate all contact between the children and the battering parent. Conviction of a third degree or higher felony involving domestic violence creates a rebuttable presumption of detriment to the child. Therefore, a conviction of misdemeanor domestic battery does not create a presumption.
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