What are custody offenses? During a family law matter involving children, one parent may contemplate not allowing the other parent to spend time with their children. Parents may try to bully each other into agreeing to certain provisions. However, parents cannot use their children as pawns during a family law matter. In Florida, if one parent deprives the other parent of their rights to custody, it may be considered a criminal offense. Parents should also consider the emotional effect it could have on the children.
The exception is in cases in which a parent is the victim of any act of domestic violence, has reasonable cause to believe he or she is about to become the victim of any act of domestic violence or believes that his or her action was necessary to preserve the child from danger to his or her welfare. If this is the case, the parent must contact local law enforcement within ten days of taking the child and begin a custody proceeding within a reasonable amount of time.
Understanding the laws regarding custody in Florida can be difficult. If you would like guidance regarding how Florida family laws relate to your specific family law matter, we would be happy to schedule an initial consultation for you with Attorney Wade Luther. Please email Family Law of Orlando or call (407) 835-9900.