Reasons a Parent Would Lose Child Custody Rights in Florida
In Florida, the courts believe that both parents should take responsibility for their child’s best interests. While the goal is to achieve equal time-sharing, one parent may have the majority of time-sharing. This is known as “sole custody” in other states. There are also scenarios when one parent is designated as the “custodial parent”. The custodial parent has more parenting time with the child. In this case, the other parent is the “noncustodial parent.”
The judge can make a decision such as who gets sole custody, becomes the secondary parent, or how to divide time-sharing equally. However, the courts can also revoke child custody without hesitation, especially if a parent endangers their child or there is substantial evidence that the terms of the agreement have been violated. Here are the top 3 reasons why a parent may lose their child custody rights:
1. Parental Alienation
If the parents got along, they probably would not have divorced in the first place. Therefore, it’s understandable that ex-partners will not have good things to say about one another. However, when a parent engages in a consistent pattern of behavior that intentionally hurts their child’s relationship with the other parent, this is could be “parental alienation.” One parent may do this to turn their child against the parent. The parent engaging in this behavior is hoping to deprive their ex-spouse of a relationship with the child. Other parents may think this is a good strategy to “win” as the custodial parent may receive more financial support.
These acts of manipulation are far too common, and the courts have created protections against these behaviors. In Florida child custody cases, acts of parental alienation may be reason enough for the courts to reduce parenting time. The court may also order supervised visitations. In extreme circumstances, the offending parent could or lose all custodial rights.
2. Unsafe Environment
A parent living in a home that poses safety hazard risks may lose custody rights. Allowing a child to live in an unhealthy and dangerous environment is a form of neglect. This doesn’t only apply to the parent’s house but also the neighborhood or the building since the child will be exposed to the surroundings beyond their home. Filthy and unsanitary living conditions infested with vermin or mold are examples of environments to which no child should be exposed. Substance abuse by a parent that endangers a child is also unsafe. Custodial rights may be revoked or limited for these reasons.
3. Unfit Parent
Florida Statute 751.05 describes a parent as unfit if they have “abused, abandoned, or neglected the child.” Parents that are deemed unfit by Florida courts can lose child custody for not only failing to meet the child’s best interest but also endangering the child. Parents that have a severe mental illness or substance abuse fall under this category, along with parents proven to abuse their child physically and mentally. The courts will revoke child custody to distance the child from erratic behavior that puts their health, wellness, and life in danger.
If you have any more questions about child custody in Florida, call Debora A. Diaz Esquire at 727-846-1802 to schedule a consultation or use the Scheduling Link: https://deboradiazlawscheduling.as.me/. For efficiency, all consultations are by telephone or video conferencing to protect our staff and clients.
Attorney Diaz exclusively practices divorce and family law in Florida. She has been providing legal services since 1995. She has extensive experience in high conflict cases. Debora A. Diaz is also a Florida Supreme Court Certified Family Mediator.