Florida law creates a rebuttable presumption that continuing and frequent contact with both parents is in a child’s best interest. Parents are encouraged to share the responsibilities and rights of child-rearing. Even though it is public policy in Florida for parents to share custody, parents can lose custody of their children for several reasons.
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How Can Parents Lose Custody in Florida?
In a Florida child custody matter, the parents may propose a parenting plan and time-sharing agreement for the court’s consideration. The court will evaluate the agreement to ensure the terms are in the child’s best interests, the most important factor that is taken into consideration for child custody agreements. When parents cannot agree on custody terms, the judge will decide on them.
The law directs the court to order that both parents share parental responsibility unless the court finds that shared custody would be harmful to the child. The law specifically lists several factors judges must consider when determining if shared custody would be detrimental to the child:
- An older child’s preferences
- Stability and continuity
- Whether either parent has or has had a reasonable belief that they or the child were at substantial risk of harm due to domestic violence, sexual violence, or abandonment by the other parent
In addition to the above factors, judges must consider the law, which states specific factors that create a rebuttable presumption that shared custody is detrimental to the child. Those factors are:
- A parent is convicted of a misdemeanor domestic violence charge in the first degree or higher.
- The court finds cause to terminate parental rights under Florida Statute §39.806.
- A parent is convicted of or had adjudication withheld for offenses requiring them to register as a sexual offender and the parent was 18 years or older, and the victim was under 18 years old, or the parent believed the victim was under 18 years old.
In addition to statutory reasons why a parent might lose custody of their child, the court might find other reasons to grant sole custody to one parent instead of joint custody.
Other Reasons Parents May Lose Custody in Florida
Parents may lose custody for other reasons, including:
Unfitness
A parent who does not provide for a child’s needs could be deemed unfit. For instance, a parent may not ensure the child has clean clothes or bathes regularly. Additionally, they may not provide a sanitary and safe living environment or sufficient food.
Parental Alienation
Parental alienation is another common reason a parent may lose custody. This occurs when a parent manipulates a child to distrust, fear, or reject the other parent. For example, a parent may make false accusations about the other parent, tell the child the other parent does not love them, or limit contact with the other parent.
A Parent’s Refusal to Cooperate
Refusing to allow the other parent to see the child is a reason the court might take custody away from a parent. For example, a parent who intentionally schedules activities for the child when the child is scheduled to be with the other parent shows a lack of concern for their child’s relationship with the other parent.
What Does It Mean to Lose Custody in Florida?
There are two types of custody the court may order:
Physical Custody
Physical custody refers to where the child lives. The court may order joint physical custody, where the child may live with either parent. However, parents usually agree upon a primary household for the child for continuity and stability.
The court may grant sole physical custody to one parent, which means that the child cannot live with the non-custodial parent.
When sole physical custody is granted, a visitation schedule is established for the non-custodial parent to see the child. Whether the child spends the night with the non-custodial parent depends on the factors involved in the case.
Judges may restrict visitation if they believe it is in the child’s best interests. For example, the judge may require supervised visitation, in which a third party must supervise the non-custodial parent’s time with the child. In extreme cases, the court may cut off visitation with a parent.
Shared Parental Responsibility
Shared parental responsibility refers to both parents having the right and responsibility to make decisions regarding the child’s welfare, such as their education, healthcare, and religion. This is distinct from physical custody, which refers to where the child resides.
If the court grants sole parental responsibility, the parent with legal custody has the exclusive right to make decisions regarding the child’s education, healthcare, and other key life matters.
Losing custody means that one parent may no longer have physical custody over the child. The degree to which your parental rights are restricted depends on the judge’s order. In extreme cases, such as abandonment, neglect, or abuse, the court may terminate parental rights. This is a rare and serious outcome, reserved for situations where the parent is unable or unwilling to provide for the child’s welfare.
How Can I Protect My Right to Custody of My Child in Florida?
Preparing for a child custody battle begins with understanding your legal rights and custody laws in Florida. Seek legal advice from an experienced child custody attorney immediately, as they can help you devise a strategy to protect your parental rights.
Begin a detailed log of all interactions with your child, including telephone calls, activities, and visits. If your partner blocks your attempts, write details of what they did to prevent you from speaking with or seeing your child. Keep a calendar to document all events and appointments you attend related to your child, including school activities, doctor’s appointments, etc.
Organize documents that support your case. Documents include school, medical, and financial records. Keep copies of all text messages, emails, and other correspondence between you and your partner. Give your attorney copies of all documents.
Maintain a positive co-parenting approach with your partner. Be respectful in all your communications with them. Prioritize your child’s best interests and be flexible.
Your attorney will direct you on other steps to take and things to avoid as you prepare for your custody case.
Contact Our Office for a Free Consultation With Our Orlando Child Custody Lawyer
Custody helps protect your relationship with your child. If you need help with a custody matter, contact the Conti Moore Law Divorce Lawyers, PLLC, for a free consultation with an experienced. Call our Orlando child custody lawyer at (407) 831-0203.
