What makes an unfit mother in florida

Additionally, a parent may be deemed abusive if he or she actively encouraged someone else to commit an abusive act against the child.

In the alternative, a parent may be found unfit due to child neglect. Neglect occurs when a parent fails to provide the care and supervision needed to support the mental and physical health of the child. A parent or caregiver may also be found neglectful if he or she failed to take reasonable steps to protect a child from abuse, neglect, or exploitation by someone else.

Abandonment is also grounds for deeming a parent unfit in Florida. Furthermore, abandonment of a child means a parent failed to either establish or maintain a substantial, positive relationship with the child.

Not mutually exclusive to the above-listed factors, but worth highlighting, is the fact that a Florida court may also deem a parent to be unfit if they have an established history of drug abuse or mental illness. A history of either does not mean that a person lacks the ability to be a good parent. Evidence of either, however, will merit further evaluation by the court.

Courts will be hesitant to place a child in a situation where they are in the care of someone who has a history of erratic, dangerous behaviors. For example, the judge may order a child custody evaluation to assist in their decision. Things that the evaluator may consider when preparing a report and recommendation for the court include:.

Neither the court nor the evaluator has a presumption or preference for either parent. Proving a parent is unfit can be difficult. The parent alleging unfitness must have evidence to substantiate the allegations. A court-ordered child custody evaluation can be extremely helpful. The evaluator is an independent investigator, so any evidence obtained by the evaluator may be viewed with great authority by the court. The evidence proving a parent is unfit depends on the specific allegations made against the parent.

A child custody lawyer with experience handling these types of custody cases will guide the parent through the process of gathering evidence and presenting a compelling case to the judge.

If a court deems the home or neighborhood to be unsafe, it may decide that the child should live with the other parent. While persons with drug addiction or mental illness are not necessarily bad parents, Florida courts are not willing to put a child in danger if the parent is prone to erratic or dangerous behaviors. Abusing a child may get your custodial rights revoked in Florida, but so is making false accusations of abuse. Child abuse is a serious accusation, which is why Florida courts do not let parents who lie about abuse go unpunished.

Every allegation of child abuse will result in a temporary order preventing the accused from seeing the child, which is why false claims can harm both the child and the accused parent.

Failure to keep a home clean could prompt the court the revoke custody. Typically, custody is revoked until the parent cleans up their living space.

Otherwise, the parent may lose custody permanently.