Reasons a Parent May Lose Child Custody in Florida
One of the most fundamentally protected rights in the United States of America is a parent’s right to custody of their child. Even after divorce, most states strive to ensure parents share custody of their children. Florida specifically has a presumption that parents are entitled to equal time-sharing. Because of this, some people think that it is extremely difficult for a parent to lose the right to custody of their child. However, this is not true. In Florida, if a child’s best interests are not being valued, a parent can lose custody of their child. There are many things that parents can do that can result in them losing child custody. In a previous article with the same title, we discussed five reasons a parent might lose child custody in Florida. In this article, we share four more reasons a parent may lose child custody in Florida.
- Disobeying Court Orders
A court order compels parties to take certain actions or prohibits parties from taking certain actions. Because court orders come from judges, they are legally binding. This means that if a party fails to comply with a court order, they may be held in contempt of court. For example, failure to comply with a court-ordered timesharing schedule, such as not allowing the other parent to see the child during their designated times or being late to pick up or drop off the child, can result in a parent being found in contempt of court. Depending on the number and severity of the violations, disobeying court orders can lead to a parent losing child custody.
- Abducting the Child
Parental child abduction occurs when a parent keeps their child from the other parent with the intention of interfering with the other parent’s custodial rights. It might not feel like abduction if it is your child, but that is what it is when a parent keeps their child from the other parent in defiance of a custody order. When a parent abducts their child, it often results in them losing custody. However, if a parent keeps their child away from the other parent to keep them safe from harm, it may not negatively impact their custody rights.
- Interfering With the Parent-Child Relationship/Parental Alienation
In addition to speaking ill of the other parent, interfering with the child’s relationship with the other parent or parental alienation includes preventing the child from seeing their other parent, lying to the child about their other parent, making the child feel guilty about liking the other parent, and discouraging the child from wanting to spend time with their other parent. Family courts often favor the other alienated parent.
- Lying to the Court
Lying to the court is a crime called perjury, and it can attract severe consequences. However, family courts don’t pursue perjury charges. Instead, when a parent lies to the court, it may show several negative aspects, such as a lack of trustworthiness, inability to support the child’s relationship with the other parent, inability to co-parent effectively, poor judgment, and manipulative behavior. This may result in a court ruling in favor of the other parent.
Contact an Orlando Child Custody Attorney.
Contact an experienced Orlando child custody lawyer at the Arwani Law Firm for legal assistance.
Source:
flsenate.gov/Session/Bill/2023/1301/Analyses/h1301z1.CJS.PDF
