How is “Emotional Abuse” Defined? 

Emotional abuse is defined as the tearing down or belittling of another person (in this instance, a spouse, child, or both) through one’s words, actions, and behaviors. The guilty party may be verbally abusive, insulting, or manipulative. The abuser may not feel any remorse in using the children as pawns in the divorce, or in manipulating them so that they come to fear, distrust, or dislike their other parent. Emotional abuse does not have to be constant in order to be considered abuse; their mood can shift from good and happy to manipulative and demeaning at the flip of a switch, which is just as harmful, if not more so, as constantly abusive tendencies.

Proving Emotional Abuse 

Unlike with physical abuse, emotional abuse cannot be proved with photographs, medical records, or eyewitness testimonies. Rather, the judge must rely on his or her own discretion when hearing each party’s testimony. That said, there are some things that you can do to help prove emotional abuse, including keeping records.

Most victims of emotional abuse are not aware of the abuse until well into their relationship, which is why it is completely understandable if you do not have any records from your earlier years together. That said, when you do begin to notice the abuse, make note of occurrences in your calendar or a personal diary. Continue to keep track of the abuse throughout the duration of the divorce process, as that is likely to be a time when the abuse is more prevalent. If your abuser will not leave you alone, file for a restraining order.  If he or she violates the order, report them.

Though a restraining order is one of the most definitive forms of evidence of emotional abuse, you do not necessarily need one to prove abuse. If the other party harasses you by phone, keep a record of the call logs. If their text messages to you are belittling or of a harassing nature, print them out. Keep all the evidence that you can, as it could serve to help you later in court.

How Emotional Abuse Can Affect the Outcome of Your Divorce 

Because Florida is a no-fault divorce state, a judge cannot place blame on any one spouse for the disintegration of the marriage. However, he or she can take the record of abuse into account when dividing up assets and considering a child custody arrangement.

An emotionally abusive parent is not likely to be deemed a good “role model” for a child, and is therefore not likely to receive much, if any, alone time with them. Depending on the extent of the abuse, who it was directed at, and how it impacted the victim(s), the judge may decide that the victimized parent gets primary or sole custody. This is the main reason that it is imperative that you keep record of the abuse and share it with your Fort Lauderdale child custody attorney.

If you are the victim of emotional abuse, reach out to the divorce attorneys at the office of Edward J. Jennings, P.A. for the help you need at this difficult time in your life. We will work hard to make sure that your child spends all or most of his or her time with you and that you are justly awarded for your pain and suffering throughout the duration of your marriage. To schedule your consultation today, contact us online.

Resource:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.08.html

Determining child custody in Florida is one of the most difficult and emotionally charged aspects of divorce. Though in some cases parents can come to an agreement on a custody schedule, such cooperation is rare. In most cases, Florida family court judges must use their discretion to come up with a parenting plan that is in the best interests of the child. Unfortunately, there is no “formula” for deciding child custody, and most judges are forced to rely on their impressions of each parent.

With that in mind, there is one thing parents can do to ensure a positive outcome to their custody battle, and that is to hire a Fort Lauderdale child custody attorney. If you are concerned about the outcome of your divorce and how it may affect your relationship with your child, reach out to the lawyers at Edward J. Jennings, P.A. for sound advice and aggressive legal representation today.

The “Best Interests” Factor 

Florida courts are most concerned with what is in the bests interests of the child. Divorce in and of itself can take a huge toll on a child, and the courts try their best to make sure that the negative impact is minimized as much as possible. In order to do this, the judge considers many factors before granting custody. Some factors the judge will consider include the following:

• The physical, mental, and moral health of each parent;
• The ability of each child to meet the child’s developmental needs;
• The child’s school district;
• The child’s home history;
• The permanence of each parents’ proposed home;
• The permanence of the child’s situation;
• Each parents’ ability to provide the child with necessities;
• The love, affection, and existing relationship between the child and each parent;
• Whether or not there is a history of domestic violence;
• Whether or not either parent will cooperate and encourage contact by the other parent;
• Whether either parent will be willing to accommodate changes made by the other parent;
• Whether either parent will honor the time-sharing schedule;
• The extent of involvement each parent is anticipated to have in the child’s life; and
• How much of a parent’s parenting time will be delegated to someone else (i.e. a caregiver).

In a child custody case, each parent will be required to give as much information as possible about their current and future situations. They can also provide information about the other parent if they believe that doing so might be relevant. Though the courts rely heavily on the information provided by each parent, it would do neither parent any good to lie. Not only do the courts fact-check the information given to them, but also, if it is found out that either parent lied, it can hurt their case significantly.

Florida Courts Have Wide Discretion Over Child Custody Matters 

As mentioned above, there is no “formula” that Florida courts adhere to when granting child custody, and a judge can use his or her own discretion when divvying up parenting time. That said, a judge must make decisions based on what is in the best interests of the child, and they must be willing and ready to prove how their final parenting plan is what is in the best interests of the child.

Florida’s child custody laws can be complex, with little if not no room for no black-and-white decisions. If you want to ensure a positive outcome to your child custody case, do not try to resolve it on your own, and work with a Fort Lauderdale child custody lawyer who understands how Florida judges think and what evidence is necessary to prove that you are a worthy parent. If you are interested in scheduling a free consultation, call Edward J. Jennings, P.A. at 954-764-4330 today.

Resource:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/Sections/0061.13.html