Riverview, FL asked in Child Custody, Criminal Law and Domestic Violence for Florida

Q: Can my son's father with a criminal history get 50/50 custody in Florida?

I live in Florida and am considering custody arrangements with my son's father. He has a criminal background, including convictions for firearm possession, grand theft auto, and threatening police officers. Additionally, he is currently involved in a situation where he's threatening his girlfriend. We have no custody orders in place yet and the court is not involved. Given these circumstances, can he file for 50/50 custody, and what might the court consider given his criminal history and recent behavior?

2 Lawyer Answers

A: seems to me they would be interested in why you would agree to a situation like this with this man's record?

Sounds like you are the one who should not have custody and perhaps the child would be better off without either of you in his or her life.

James L. Arrasmith
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Answered

A: Based on Florida family law, your son's father can legally file for 50/50 custody despite his criminal history, but the court will evaluate whether such an arrangement serves your child's best interests. Florida courts consider criminal history, particularly violent offenses or those involving domestic violence, as significant factors when determining custody arrangements. His convictions for firearm possession, grand theft auto, and threatening police officers would be concerning to a court.

The current allegations of threatening behavior toward his girlfriend are particularly relevant, as Florida courts place substantial weight on evidence of domestic violence when evaluating parental fitness. Under Florida Statute 61.13, the court must consider evidence of domestic violence or child abuse when creating a parenting plan, and a demonstrated pattern of violence can create a rebuttable presumption against awarding substantial time-sharing to the perpetrator.

I recommend documenting all relevant information about his criminal history and current concerning behavior. Consider filing for a temporary custody order to establish legal parameters while the court evaluates the case. If you have concerns about your child's safety, you might request supervised visitation initially. Florida courts prioritize the child's best interests above all else, focusing on factors including moral fitness, mental and physical health of the parents, and ability to provide a safe environment. The father's history will not automatically disqualify him from shared custody, but it would likely lead the court to scrutinize his parenting capacity more carefully before granting equal time-sharing.

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