Child custody is one of the most controversial issues during the divorce process. Several factors are considered in court before determining child custody in court. In some scenarios, both parents get time-sharing for a child’s custody, while in some other cases, one parent can have the custodial parent.
The primary aim of determining custody is to protect the child’s best interest. Therefore, being a custodial parent or having more extensive parenting time might not be final or permanent. The court might deem it fit to overturn your custody if the child’s interest is not well protected.
Below are three primary reasons you might lose a child’s custody after a divorce in Florida.
- Unsafe or Toxic Living Environment
You might lose a child’s custody if the environment becomes unsafe in any form, including mental, physical, and emotional safety. Custodial rights can be revoked if the child is subjected to neglect or hostile environmental conditions.
Drug and substance abuse by the custodial parent can also endanger the child’s life and be deemed unsafe. Allowing a child to live in a dangerous environment with high safety risks can be considered a form of neglect. Similarly, poor sanitation and hygiene can also be enough reasons to have your custodial rights revoked.
- Parental Alienation
Parental alienation describes a situation where a parent manipulates the child against the other parent. It involves a repeated pattern of behavior aimed at turning the child against the other parent. This act often hurts the child’s relationship with the other parent, causing the child to withdraw from the other parent. The custodial parent might want to explore this act as a weapon for winning full custody or gaining more financial support from the other parent.
However, the law frowns greatly at parental alienation because of the mental and emotional effects on a child. An act of parental alienation can cause the offending parent to get reduced parenting time. The court can also give an order of supervised visitation. In extreme cases, the offending parent might completely lose custody of the child.
- Poor Parenting Pattern
Having a child’s custody does not mean you can act in any manner that will endanger the child. The court might deem you “unfit for parenting” if you violate Florida Statute 751.05. This statute considers a parent unfit if they abandon, neglect, or abuse the child. The offending custodial parent might lose custody for not protecting the child’s best interest and endangering the child.
Often, parents with mental illness or instability, drug or substance abusers, and unavailable parents usually fall under this category. The court will always protect a child from any form of behavior or atmosphere that puts them at any form of mental, physical, or emotional risk.
Conclusion
Determining a child’s custody is a vital part of a divorce process, and being a custodial parent might not be final if you don’t protect the child’s best interest. Feel free to contact a family lawyer if you have more questions about obtaining and retaining a child’s custody.
