Common Reasons a Parent May Lose Child Custody in Florida
In Florida, family courts believe that, even after a divorce, both parents should remain involved in their child’s life. Florida law even created a rebuttable presumption that equal timesharing is in the child’s best interests. This means that unequal timesharing can only be ordered if it is proven that equal timesharing is not in the child’s best interests. However, after the court awards custody rights to parents, those rights are not eternal. The court can revoke custody rights if doing so is in the child’s best interests. However, since a parent’s right to custody of their child is one of the most fundamentally protected rights, a parent can only lose custody in cases involving significant misconduct or severe wrongdoing. Below, we discuss some of the common reasons a parent may lose child custody in Florida.
- Abusing or Neglecting the Child
One of the most common reasons why a parent may lose child custody in Florida is if they abuse or neglect their child. Such a parent is considered unfit under Florida law. Child abuse involves intentionally harming or endangering a child. Child abuse encompasses physical, sexual, and emotional abuse. Physical abuse includes hitting, whipping, burning, or choking a child. Sexual abuse happens when a parent involves a child in sexual acts or uses them for sexual purposes. Lastly, emotional abuse includes shaming the child, denying them affection, and keeping them isolated.
Child neglect occurs when a parent fails to meet their child’s needs. Neglect can include not caring for a child’s hygiene and not providing adequate housing, food, or clothing. It can also occur when a parent fails to ensure their child receives the necessary medical care or education.
- Substance and Alcohol Abuse
Parents who abuse alcohol or drugs are also considered unfit. If a parent abuses drugs or alcohol, it can significantly impact their ability to care for their child. Alcohol or substance abuse can also put a child in danger.
- Serious Mental Illness
Parents who have severe mental health issues also fall under the category of parents who are considered unfit. If a mental health issue is so severe to the extent that it affects a parent’s ability to care for their child, it can result in the loss of custody rights. Examples of mental illnesses that can potentially lead to the loss of custody rights include severe or untreated depression, bipolar disorder, schizophrenia, and personality disorder.
- Parental Alienation
Parental alienation involves a collection of one parent’s behaviors aimed at ruining the relationship between their child and the other parent. It involves a parent intentionally displaying unjustified negativity toward the other parent in front of their child, with the aim of turning the child’s emotions against the other parent. Florida courts do not take lightly the issue of parental alienation. Parental alienation acts may be enough reason for the court to alter a parenting plan. In excrement cases, the alienating parent may lose custodial rights.
Contact a Tampa Child Custody Attorney
Are you facing a child custody dispute in Florida? Do not hesitate to contact The Law Office of Laura A. Olson, P.A. Our qualified Tampa child custody attorney can assess your situation and advise you accordingly. We can walk with you through the complex legal process. Contact us today at 813-222-0888 or by completing our online contact form.
