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Archive of April 2013

April 30, 2013

How Does My Prior Criminal Record Impact My Family Law Case ?

In many cases, if a criminal record is either far in the past, or has no direct relation to the issues in the case, the court usually will not take the prior criminal record into account. However, if there has been charges of battery, sexual abuse, child abuse, or drug/alcohol abuse, it can impact your family law case particularly as it relates to time-sharing with your child. Note, parental responsibility can be limited pursuant to Florida Statute 61.13(2)(c)(2): “The court shall order that the parental responsibility for a minor child be shared by both parents unless the court finds that shared parental responsibility would be detrimental to the child. Evidence that a parent has been convicted of a misdemeanor of the first degree or higher involving domestic violence, as defined in s. 741.28 and chapter 775, or meets the criteria of s. 39.806(1)(d), creates a rebuttable presumption of detriment to the child. If the presumption is not rebutted after the convicted parent is advised by the court that the presumption exists, shared parental responsibility, including time-sharing with the child, and decisions made regarding the child, may not be granted to the convicted parent. However, the convicted parent is not relieved of any obligation to provide financial support. If the court determines that shared parental responsibility would be detrimental to the child, it may order sole parental responsibility and make such arrangements for time-sharing as specified in the parenting plan as will best protect the child or abused spouse from further harm. Whether or not there is a conviction of any offense of domestic violence or child abuse or the existence of an injunction for protection against domestic violence, the court shall consider evidence of domestic violence or child abuse as evidence of detriment to the child.”

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