Legal Information: Florida

Custody

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Updated: 
December 21, 2018

Can I get custody (parental responsibility) of my child if I file for an injunction for protection against domestic violence?

You may ask for temporary custody (parental responsibility) of your child when you file a petition for an injunction for protection against domestic violence in Florida.1  The clerk of court will provide you with a petition form that includes a section to complete if you want the judge to make a temporary parenting plan where you can request that the abuser’s time-sharing be limited, prohibited, or supervised.2  However, parenting plan and time-sharing provisions granted with an injunction expire with that order.1  For more information on how to get an injunction for protection against domestic violence in Florida, please see our Injunctions for Protection Against Domestic Violence page.

1 F.S.A. § 741.30(5)(a)(3) & (6)(a)(3)
2 F.S.A. § 741.30 (3)(k)