A Florida court has vacated two custody orders involving Keith George Barton, Jr. and Jocelyn Rachelle Barton due to the trial court's failure to consider evidence of domestic violence. This decision impacts the custody arrangement for their eleven-year-old child, who currently lives with the mother in Florida while the father resides in Texas. The ruling highlights the importance of addressing domestic violence in custody cases, ensuring the child's best interests are prioritized.
The case, Keith George Barton, Jr. v. Jocelyn Rachelle Barton, was filed under docket number 1D2025-1821. The First District Court of Appeal ruled on August 12, 2026, after the father challenged the trial court's decisions regarding the custody of their minor child. The court found that the trial court had made significant errors by excluding crucial evidence of domestic violence and failing to acknowledge its consideration in their orders.
The parties involved in this case are Keith George Barton, Jr., the father, and Jocelyn Rachelle Barton, the mother. They were previously divorced in North Carolina, and the custody dispute has moved through multiple jurisdictions, including Alabama and Florida. The father filed two emergency custody motions in Florida, claiming that the mother's home was unsafe for their child due to her cohabitation with a violent boyfriend. The father alleged that the boyfriend had a history of physical and emotional violence against the child and the mother.
The first motion was filed on October 1, 2024, and the second on April 9, 2025. In the first motion, the father claimed that the mother's boyfriend had previously harmed the child and threatened the father with a weapon. The father's second motion alleged that the violence was escalating, negatively affecting the child's mental health. He presented a letter purportedly written by the child, describing incidents of violence in the home.
During the evidentiary hearing, the father represented himself while the mother had legal counsel. The trial court sustained objections from the mother's attorney, preventing the father from questioning her about the boyfriend's behavior. Following the hearing, the trial court issued two nearly identical orders denying the father's requests for custody modification.
On appeal, the court ruled that the trial court had violated section 61.13(3)(m) of the Florida Statutes by excluding evidence of domestic violence. The court stated, "The trial court committed reversible error by failing to follow section 61.13(3)(m). Therefore, we vacate both orders under review." This section mandates that courts consider evidence of domestic violence when determining custody arrangements.
The ruling emphasized that the trial court must specifically acknowledge in writing any evidence of domestic violence when making custody decisions. The court noted that the trial court did not adequately address the father's allegations of domestic violence or the letter from the child, which could have influenced its decision on custody.
This decision is significant as it reinforces the requirement for courts to consider all relevant evidence, especially concerning domestic violence, when determining the best interests of a child. The ruling may set a precedent for future custody cases, ensuring that domestic violence is addressed appropriately in custody determinations.
Moving forward, this ruling may impact the custody arrangements for the Barton family. The trial court will need to reconsider the evidence of domestic violence and make a new determination regarding custody that prioritizes the child's safety and well-being. The father may also have the opportunity to present his case more fully in the new proceedings.
As for next steps, it is unclear if the mother will appeal this ruling. The court's decision is not final until any timely and authorized motions are resolved. The case's outcome may influence similar custody disputes in Florida, highlighting the importance of addressing domestic violence in family law cases.