Fort Lauderdale, FL asked in Child Custody and Domestic Violence for Florida

Q: Can a felon be granted 50/50 custody if there are concerns about other parent's caregiving?

My husband wants to file for 50/50 custody of his 3-year-old son, but he is concerned about a recent felony conviction for domestic violence in January 2025. There are concerns about the child's well-being when in the mother's care, as she suffers from seizures and has left the child alone with another underage child. My husband has a good relationship with his son, is attending anger management classes, and there are witnesses and message proof regarding the mother's condition. Could his status as a felon affect the possibility of being granted 50/50 custody?

1 Lawyer Answer

A: The legal standard is what is in the best interest of the child. The felony is a factor just like the other parent’s issues are. The court has to consider everything together. Try to make a list of all the good parenting factors on your side. Speak with a local family lawyer for more specific advice.

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