Last updated February 2026
If domestic violence is alleged in a Florida case involving children, custody issues can change immediately — often before any criminal case is resolved.
Many parents are shocked to learn that:
A single arrest can affect parenting time
A temporary injunction can alter custody arrangements
Family court decisions are often made quickly and conservatively
Here’s how Florida courts actually handle domestic violence when child custody is involved.
⚖️ How Florida Courts Decide Child Custody
Florida courts decide custody based on the “best interests of the child” standard.
That means judges look at:
The child’s safety
Emotional well-being
Stability of each parent
Any history of violence or abuse
Domestic violence — even alleged domestic violence — weighs heavily in this analysis.
For a broader overview of domestic violence cases, see our guide to
👉 Florida domestic violence defense.
🚫 Domestic Violence Creates a Presumption Against Custody
Under Florida law, if a court finds evidence of domestic violence, there is a rebuttable presumption that awarding custody or unsupervised visitation to the abusive parent is not in the child’s best interests.
This can affect:
Shared parental responsibility
Overnight visitation
Decision-making authority
Time-sharing schedules
Importantly, this presumption can apply even before a criminal conviction.
🔒 Temporary Injunctions Can Immediately Affect Custody
A domestic violence injunction (restraining order) often includes provisions related to children.
These may:
Suspend or restrict time-sharing
Prohibit contact with the child
Require exchanges through third parties
Limit communication to attorneys only
Temporary injunctions are often issued without the accused parent present, making early legal action critical.
Learn more here:
👉 Domestic Violence Injunctions in Florida
👀 Supervised Visitation and Safety Measures
If the court allows visitation after a domestic violence allegation, it may impose safeguards such as:
Supervised visitation
Designated exchange locations
Safety plans
Counseling or parenting classes
These measures are designed to protect the child — but they can also become long-term restrictions if not challenged properly.
⚠️ Even False Allegations Can Have Lasting Effects
Unfortunately, domestic violence allegations sometimes arise during:
Divorce proceedings
Custody disputes
Child support conflicts
Even false or exaggerated allegations can result in:
Temporary loss of parenting time
Court-ordered supervision
Long-term custody disadvantages if not addressed early
This is why it is critical to respond strategically from the very beginning.
⏳ Why Early Legal Action Matters
Custody decisions often happen fast — sometimes within days of an arrest or injunction.
An experienced domestic violence defense attorney can:
Challenge injunction terms affecting custody
Preserve parental rights during criminal proceedings
Coordinate criminal defense with family court strategy
Prevent temporary restrictions from becoming permanent
Waiting until “the criminal case is over” is often too late.
🛡️ Fort Lauderdale Domestic Violence & Custody Defense
At Michael White, P.A., we routinely represent clients facing domestic violence allegations that threaten their parental rights.
As a former prosecutor, Attorney White understands:
How DV allegations influence custody rulings
When courts impose automatic restrictions
How to push back against unsupported claims
How to protect long-term parenting rights while the case is pending
📞 Schedule a free consultation to discuss your case and protect your relationship with your child.
❓ Frequently Asked Questions
Can I lose custody if I’m arrested for domestic violence in Florida?
Yes. Even an arrest — without a conviction — can affect custody and visitation, especially if an injunction is issued.
Does a domestic violence injunction affect child custody?
Yes. Injunctions often include provisions limiting contact, time-sharing, or parental authority.
Can I still see my child after a DV allegation?
Possibly, but the court may require supervised visitation or other safety measures.
What if the domestic violence allegation is false?
False allegations can still affect custody temporarily. Early legal intervention is essential to challenge them and protect parental rights.
Will a dismissed DV case restore my custody rights?
Not automatically. Family court orders often remain in place unless modified by the judge.