If you are a victim of domestic violence, then you probably want to do everything possible to keep your child from potentially being subjected to ill-treatment at your abuser’s hands. You may think that keeping your child from their other parent will ensure that this happens. Sadly, Florida judges don’t always see things the same way.
It’s possible for you to successfully break free from your abuser, but for you to still be ordered to share custody with your abusive ex. It may even be possible for your ex to gain full custody of your kids.
In case you’re wondering how your abusive ex may warrant being given custody over your kids over you, it comes down to which parent may be able to offer the most stable living environment for your kids.
If you are struggling with post-traumatic stress disorder (PTSD) or depression, then a judge may wonder about your ability to create a warm environment in which your children can continue to develop and grow. They may worry that your mental health status will adversely affect your kids.
It may be possible that they find that your abusive ex can offer a more stable home life for your kids. This may result in your Fort Myers judge placing the kids with your ex-husband or wife. This may particularly occur if no evidence supports that your children were ever abused themselves.
You should know that you don’t have to continue to play the role of the victim if you’ve endured abuse. If you can show the judge that you’ve sought out the help of a therapist and that you’re financially secure, then you may be able to argue that you should be able to keep your kids. A child custody attorney can help you make such an argument in your court case.