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Izzy’s Law

An Act Relating to Child Safety in Custody and Visitation Determinations

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Section 1. Short Title

This act shall be known and may be cited as “Izzy’s Law.”​

 

Section 2. Legislative Intent

The Legislature finds that:

• The safety and well-being of a child must be the primary consideration in all custody and visitation decisions.

• Exposure to domestic violence, even indirectly, can cause serious emotional and physical harm to children.

• Courts must be equipped to consider not only the conduct of parents, but also other adults residing in the household.

• Existing safeguards may not adequately prevent children from being placed in environments with known risks of violence.

Therefore, the Legislature intends to strengthen protections to ensure that no child is placed in a home where credible evidence of violence presents a danger.​

 

Section 3. Definitions

For purposes of this act:

• “Domestic violence” has the same meaning as defined in Florida Statute 741.28.

• “Violent criminal history” means any conviction, plea, or adjudication involving:

  • Domestic violence

  • Assault or aggravated assault

  • Battery or aggravated battery

  • Child abuse or neglect

  • Sexual offenses

• “Household member” means any adult residing in the home where the child would stay, whether permanently or temporarily.

• “Credible evidence” includes:

  • Arrest records

  • Injunctions or protective orders

  • Pending criminal charges

  • Prior convictions

  • Testimony or sworn affidavits

 

Section 4. Prohibition on Unsafe Placement

A court may not order or permit a child to reside in or have unsupervised visitation in a home if:

1. A parent or household member has:

   • A current domestic violence charge, OR

   • A documented history of domestic violence, OR

   • A violent criminal history;

AND

1. The court determines that such presence creates a substantial risk of harm to the child.

 

Section 5. Mandatory Risk Assessment

Before granting custody or visitation, the court shall:

• Conduct a risk assessment when allegations of violence are raised.

• Require disclosure of:

  • All adults living in the home

  • Any criminal history of those individuals

• Consider:

  • Recency of offenses

  • Pattern of behavior

  • Compliance with court orders

  • Completion of rehabilitation programs

 

Section 6. Protective Measures

If risk is identified, the court must impose safeguards, which may include:

• Supervised visitation only

• Exchange of the child at a neutral location

• No contact between the child and the individual with a violent history

• Mandatory completion of:

  • Batterer intervention programs

  • Substance abuse treatment (if applicable)

 

Section 7. Burden of Proof

• The parent seeking custody or visitation in such a household bears the burden to demonstrate that:

  • The child will be safe, and

  • Adequate protections are in place

 

Section 8. Emergency Relief

A parent or guardian may petition for emergency modification of custody if:

• New evidence of domestic violence arises, OR

• A household member with a violent history moves into the home

The court must hold a hearing on such petitions within 14 days.

 

Section 9. Penalties for Non-Disclosure

Failure to disclose a household member or known violent history may result in:

• Immediate modification of custody

• Contempt of court

• Possible criminal penalties under perjury statutes

 

Section 10. Applicability

This law applies to:

• All custody determinations

• Parenting plans

• Time-sharing agreements

• Modifications of existing orders

 

Section 11. Effective Date

This act shall take effect on July 1 following enactment.​