This is the next post in my series on the handling of Melbourne, Florida child custody cases which involve physical violence between the parents. My last article discussed how Courts handle custody cases involving domestic violence. Courts will typically presume that a parent should not have joint custody of a child if acts of violence have occurred. It is important to understand that one does not have to have been convicted of a crime for a Court to make such a determination. If the Court believes that such acts occurred then it will rule accordingly. This is why it is crucial to retain an attorney familiar in handling such matters. In this article I will discuss why it is a parent must seek immediate relief if they have been the victim of assault. If you need assistance then contact my office today to speak with a lawyer.
If your child’s other parent has committed an act of domestic violence against you then it is crucial that you report it to law enforcement immediately. Once the police have been contacted and the situation is under control then you should immediately contact a lawyer. The reason to immediately contact the police is two-fold. First, for obvious reasons, law enforcement is needed to ensure your safety. Second, it is important to understand that the longer one waits to report the incident then the less likely it is that their claims will be seen as credible. It goes without saying that when one has been the victim of a crime then they are likely to immediately report it. By not doing so one opens themselves up to questions by law enforcement, and the Courts, as to whether the incident actually occurred.
By waiting to report an incident a parent decreases the chance that their counterpart will be charged. If no charges are filed then one must convince a Family Law Judge that violence, in fact, occurred. As I will discuss in my next article, claims of violence are often fabricated in child custody cases by parents who wish to gain some type of advantage. A Judge may be more likely to believe that an incident occurred if it was reported immediately. It is important to remember that Courts must be fair to all parties and the timing of a claim is something which a Judge will consider.
If you are involved in a dispute regarding time share of your child then contact my office today to speak with a Melbourne child custody attorney. My office also services clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.