Child custody is never set in stone, and if a parent does something that puts the child in danger, Florida courts will remove custody without a second thought. Of course, the courts need to hear both sides of the story and see substantive evidence, but if the findings support the claims of a concerned parent, the judge will take steps to ensure the child is rarely, if ever, at risk. parental care. That being said, a parent has to do something pretty drastic to revoke custody. From abusing the child to repeatedly violating the terms of the child’s current custody agreement, there are a number of ways a person can lose custody of their child. This post describes five of them.
At the law office of Edward J. Jennings, P.A., our goal is the same as that of the courts: to ensure that your child is in the best possible situation and that their emotional and physical well-being is not at risk. Bet. If you suspect that your child’s other parent is guilty of causing harm to your child in any way, directly or indirectly, contact our Fort Lauderdale child custody attorneys immediately. We can help you do whatever it takes to change your custody agreement and remove your child from a dangerous environment.
What does it mean to be a disabled parent in Florida?
Florida Statute §751.05 states that the court must determine that a parent has abandoned, abused, or neglected a child in order to determine that a parent is unfit. A parent may also be considered unfit if they have a mental illness or substance abuse problem. These problems may be recent or the person may have a long history of behavior or condition.
In the case of mental illness and substance abuse, the judge will consider all relevant factors in determining whether placing the child with the parents would create a potentially harmful situation for the child. The judge could order the child limited or supervised access to the parent if giving sole custody to the other parent or guardian.
What qualifies as a disqualified parent
Under Florida Statute 751.05, a parent may be declared disqualified if they have abused, abandoned, or neglected the child. Abuse includes intentionally causing physical or emotional harm to a child. This may also include intentional acts that could reasonably be expected to cause mental or physical harm. In addition, a parent may be considered abusive if they actively encouraged another person to commit an abusive act against the child.
Alternatively, a parent may be deemed unable to work due to neglect of the child. Neglect occurs when a parent fails to provide the care and supervision necessary for the child’s mental and physical health. A parent or guardian may also be considered negligent if they have failed to take reasonable steps to protect a child from abuse, neglect, or exploitation by another person.
What Disqualifies a Parent?
When, unfortunately, a parent is unable to raise their children, the State of Florida can take several steps to ensure the well-being of both the child and the parent. That’s what defines an unfit parent in Florida.
In determining whether a parent is unfit, the best interests of a child must be considered. While separating a child from their unfit parent is often a last resort, it may be necessary for the best interests of the child.
Making false allegations of abuse
Making false allegations of abuse is another way for a mother to lose custody of her children in Florida. The courts disallow false abuse charges because each charge receives an injunction that suspends the other parent’s visitation rights. A child may experience emotional distress and anxiety from not seeing their other parent. A mother who intentionally subjects a child to such trauma can be found mentally unfit by the court and lose custody.
Talking badly about the other parent is also known as parental alienation. Parental alienation describes attempts by a parent to alienate the child from the parents. Parental manipulation of a child’s feelings toward the other parent can take many forms. The parent may speak negatively about the other parent in the presence of the child, incite the child to hate the other parent, or refuse to comply with the parenting plan. The court can disqualify a mother if she engages in behavior that interferes with the child’s relationship with the other parent.