As a parent going through divorce or a custody battle, your biggest concern is probably your child’s wellbeing. You want to make sure they’re safe, both physically and emotionally, during this difficult time. You’re not alone in feeling scared, overwhelmed, or unsure about how to protect them through the legal process.
The good news is that Florida courts take child safety very seriously. The law provides many tools to protect children when there are concerns about abuse, neglect, or other dangers. Understanding these protections can help you feel more confident about advocating for your child’s safety.
Your Child’s Safety Comes First in Florida Courts
When Florida judges make custody decisions, they follow one guiding principle: what’s in the best interest of the child. This means your child’s safety, health, and wellbeing matter more than anything else, including what either parent wants.
Parents have the right to seek custody and visitation, but these rights are balanced against the child’s right to grow up in a safe environment, free from abuse. If there are safety concerns, the court has many options to protect your child while still trying to maintain meaningful relationships with both parents when possible.
When Courts Worry About Child Safety
Florida courts become concerned about child safety in several situations:
History of Violence or Abuse
When one parent has a history of domestic violence, courts are likely to limit their custody rights, assessing whether granting custody would jeopardize the child’s physical, emotional, or psychological well-being. This includes violence against the other parent or against the children themselves.
Substance Abuse Problems
Parents who struggle with drug or alcohol addiction may pose a risk to children. Courts look at whether a parent is getting treatment, how severe the problem is, and whether the children would be safe in their care.
Mental Health Issues That Affect Parenting
While having mental health challenges doesn’t automatically disqualify someone from being a parent, courts worry when untreated mental illness affects a person’s ability to care for children safely.
Neglect or Poor Supervision
This includes situations where children aren’t properly fed, clothed, supervised, or given necessary medical care. Courts also worry about parents who expose children to dangerous situations or inappropriate adult activities.
Criminal Activity
Parents who are involved in criminal behavior, especially crimes that could put children at risk, may face limited custody rights.
How Florida Courts Protect Children
When there are safety concerns, Florida courts don’t just take custody away. They have many tools to keep children safe while still trying to preserve parent-child relationships when possible.
Supervised Visits
Florida supervised or safety-focused parenting plans are intended to protect children who have been abused or subjected to parenting methods that could be detrimental to their best interest, health, safety, and welfare. This means visits happen with a neutral third party watching to make sure the child stays safe.
Safety-Focused Parenting Plans
There are four types of parenting plans in Florida, including a Safety Focused Plan designed to protect children when there are concerns about their wellbeing. These plans include specific safety measures and restrictions tailored to your family’s situation.
Restricted or No Contact
In serious cases, courts may limit or completely stop contact between a parent and child until safety issues are resolved. When there is evidence of domestic violence, judges often rule that the abusive party should not have custody, and may grant visitation only after thorough investigation.
Required Treatment or Classes
Courts can order parents to complete anger management, parenting classes, substance abuse treatment, or mental health counseling before having unsupervised time with their children.
Protective Orders
Courts can issue orders that prevent one parent from contacting or coming near the other parent and children. These orders can include the home, school, and workplace.
What You Can Do to Protect Your Child
If you’re worried about your child’s safety, there are steps you can take:
Document Everything
Keep detailed records of anything that makes you worry about your child’s safety. This includes:
- Photos of injuries or unsafe conditions
- Text messages, emails, or voicemails that show concerning behavior
- Records of missed visits, late pickups, or other problems
- Medical records if your child has been hurt
- Police reports if law enforcement has been involved
Don’t Wait to Report Serious Problems
If your child is in immediate danger, call 911. If you suspect abuse or neglect, contact the Florida Department of Children and Families hotline.
Follow Court Orders
Even if you’re worried about your child’s safety, it’s important to follow existing court orders unless your child is in immediate danger. If you need changes to protect your child, work through the court system rather than taking matters into your own hands.
Keep Your Child Out of Adult Problems
Courts look at each parent’s capacity to protect children from ongoing litigation by not discussing the case with children or sharing court documents with them. Don’t ask your child to choose sides or share details about court proceedings.
Get Professional Help
Consider counseling for your child to help them cope with the stress of the situation. A child therapist can also document how the situation is affecting your child, which can be important evidence for the court.
Supporting Your Child Through the Process
Going through custody proceedings is hard on children, even when safety isn’t a major concern. Here are ways to help your child cope:
Keep Routines as Normal as Possible
Children feel safer when they know what to expect. Try to maintain regular bedtimes, meal times, and activities even when everything else feels chaotic.
Listen to Your Child’s Concerns
Let your child express their feelings without judgment. They might be scared, confused, or angry. All of these feelings are normal.
Be Honest but Age-Appropriate
You don’t have to share all the details, but children deserve to know that adults are working to keep them safe. Use simple language they can understand.
Don’t Make Your Child a Messenger
Never ask your child to deliver messages to the other parent or ask them to report on what happens during visits. This puts unfair pressure on them.
When to Modify Existing Orders
Sometimes situations change after custody orders are in place. You can ask the court to modify orders if:
- New safety concerns arise
- A parent violates existing safety restrictions
- Treatment or counseling shows a parent is now safe to have more time with children
- Children’s needs change as they get older
The key is showing the court that circumstances have changed significantly since the last order was made.
Working with Professionals Who Understand
Custody cases involving safety concerns are complex and emotionally draining. You need professionals who understand both the legal requirements and the emotional toll on families.
At the Law Offices of E.F. Robinson, we have 30 years of experience helping Florida families navigate difficult custody situations. Attorney Veronica Robinson understands that protecting your children is your top priority, and we work tirelessly to ensure their safety while pursuing the best possible outcome for your family.
We know how to present evidence of safety concerns effectively, work with court-appointed professionals, and develop parenting plans that truly protect children. More importantly, we understand the fear and stress you’re experiencing as a parent trying to keep your child safe.
Moving Forward with Hope
Dealing with safety concerns in custody cases can feel overwhelming, but remember that Florida’s legal system is designed to protect children. Courts have many tools available, and there are professionals who specialize in helping families in these situations.
Your child’s safety is not negotiable, and you have the right to fight for protections that keep them safe. With proper documentation, professional support, and persistence, you can work through the legal system to create a situation where your child can heal and thrive.
You don’t have to navigate this alone. The combination of Florida’s child protection laws and experienced legal guidance can help you build a safer future for your child. Stay focused on what matters most: your child’s wellbeing and your family’s healing.
This article is for general informational purposes only. If you need advice about your specific circumstances, consult with a qualified family law attorney in Florida.
