How Can A Parent Lose Custody Of Their Child In Florida?

A parent’s right to have custody of their child is among the most fundamentally protected rights under the U.S. Constitution—but it isn’t absolute. The courts will revoke custody if it’s in the best interests of the child. There are two contexts in which a parent’s right to retain custody of their child may be disputed or taken away: Divorce and state intervention. In this article, the Orlando child custody attorneys at Greater Orlando Family Law will discuss when a parent may lose custody of their children under Florida’s laws.

What custody rights does a parent have over their child? 

Under Florida law, there are two types of custody: Legal and physical custody. Legal custody gives a parent the legal right to act on behalf of the child and make important legal decisions on the child’s behalf. These include:

• Consenting to medical care
• Enrolling in a school / making educational decisions
• Practice their religion
• Obtaining legal documents for the child (including medical records)
• Raising the child as they see fit

Physical custody gives a parent the right to physically care for the child. A parent has the right to prevent or exclude third parties from associating with the child.

Why might a parent lose custody after a divorce? 

Generally speaking, divorcing parents agree on how to share custody of their child, and the court accepts their agreement. Then, the court will issue an order of custody that adopts the agreed-upon parenting plan. The parents are then required to follow that plan. If the parents cannot agree on issues related to custody, the court will have to decide what custody arrangement is in “the best interests of the child.”

Each state has its own rules determining how a court should decide the best interests of the child when two parents divorce. Most states prefer that the parents share legal and physical custody equally after a divorce. Florida has specific rules that create a rebuttable presumption that 50/50 timesharing and joint custody are in the best interests of the child. The presumption can be disputed, however.

What constitutes “unfitness” under Florida law? 

There are several reasons why a court might consider a parent unfit for custody. These include:

• Domestic violence
• Sexual violence
• Physical or emotional abuse
• Abandonment
• Neglect
• Conviction for certain crimes
• Sex offender status
• Endangering the welfare of a child
• Failing to encourage a close parent-child relationship with the other parent
• Failure to assume parental responsibilities
• Failure to consider the needs of the child
• Failure to provide a stable home environment
• Moral unfitness
• Failure to provide a consistent routine
• Substance abuse in the home
• Failure to protect the child from custody litigation
• Making disparaging remarks about the other parent to the child
• Failure to meet the child’s developmental needs
• Failure to honor the existing time-sharing plan

Talk to an Orlando Child Custody Lawyer Today 

Greater Orlando Family Law represents the interests of those divorcing in Orlando. Call our Orlando family lawyers today to schedule an appointment, and we can begin discussing your goals and concerns right away.