How Domestic Violence Allegations Affect Custody Decisions in Florida: Lessons from Collins v. Collins

When parents separate or divorce, one of the most difficult issues they face is determining how their children will divide their time between the two households. That challenge becomes even more complex when one parent raises allegations of domestic violence. A Florida case called Collins v. Collins shows just how seriously courts must take those concerns and what parents can expect when these issues arise.

Background of the case

In the Collins case, two parents were battling over custody of their young child. During the proceedings, one of them brought up serious concerns — alleging domestic violence and possible abuse. Under Florida law, judges are required to weigh all factors that could affect a child’s well-being, and among the most critical is whether there’s been a history of domestic violence — even if it never led to criminal charges.

Despite this, the trial judge ended up granting primary custody to the father without ever addressing those abuse allegations. That oversight quickly became the main point of contention when the case went up on appeal.

The appellate court found the trial court had made a legal mistake. When claims of domestic violence or child abuse come up, judges can’t just brush them aside — they’re obligated to address them directly. Florida Statute § 61.13 makes it clear: a child’s safety must be the court’s top priority, and ignoring red flags like these simply isn’t allowed.

What the court decided 

The appeals court sent the case back to the trial judge, requiring the court to:

• Reevaluate the custody agreement
• Make clear, written findings about the alleged domestic violence
• Explain how these findings support the final time-sharing decision

The takeaway from this case is simple: Florida courts must take domestic violence allegations seriously, and they must show they considered the issue when deciding custody.

What this means for parents in St. Petersburg

• Yours and your child’s safety come first – If you’re facing domestic violence, that’s not something that the court can brush aside. Judges are legally required to take those concerns seriously before signing off on a parenting plan. This isn’t a detail that can be skipped.
• You don’t need a police report to speak up – Most folks assume you need a police report or the court won’t listen, but you can raise concerns about abuse even if no one has been arrested or charged.
• The judge has to explain how abuse concerns affect their decision – If domestic violence comes up in a custody case, the judge needs to say whether they found the concerns credible, how it impacted their thinking, and whether any safeguards were put into place.
• Safety concerns must be built into the parenting plan – If the court finds that protections are needed, they can include specific terms.

Talk to a St. Petersburg, Florida Divorce Lawyer Today 

The Law Office of Kevin F. Coleman represents the interests of St. Petersburg residents during their divorce. Call our St. Petersburg family lawyers today to schedule an appointment, and we can begin discussing your next steps right away.

Source:

flcourts-media.flcourts.gov/content/download/865121/file/domestic-violence-benchbook.pdf#page=49