The Florida Statutes § 751.05 outlines the process by which a parent may be deemed unfit to raise their children under the laws of Florida. The State of Florida takes the matter very seriously as raising your child is considered a fundamental right under U.S. law. To find a parent unfit, the court must go through a rigorous process by which it examines all evidence related to the parent and their relationship with the child. In this article, the Tampa child custody attorneys at Westchase Law, P.A., will discuss the issue of parental unfitness and how the Florida courts make that determination.
Why would a parent be deemed unfit?
There are several reasons why a parent might be deemed unfit. These are known as grounds for unfitness. They include:
- Abuse – If one parent can be proven to have physically, emotionally, or sexually abused the child, the courts will rule that they are unfit.
- Abandonment – If the parent has failed to maintain a meaningful relationship with the child or provide adequate financial support, the Florida courts could deem them unfit.
- Neglect – If a parent fails to provide the child with essential needs, such as food, shelter, clothing, and healthcare, the Florida courts could rule that they are unfit.
- Substance abuse and mental illness – When a parent’s substance abuse or mental illness creates a dangerous environment for the child, the court could find that they are unfit.
What factors will the court consider when assessing parental fitness?
It’s important to understand that words like “abuse” and “neglect” are relative terms. Lashing out at your child for misbehaving is not the same as continually degrading and demeaning them. The courts must weigh the severity and extent of the conduct when making a determination that abuse or neglect has occurred. The court will consider the following factors when assessing the fitness of the parent:
- Nature and severity of the conduct – While one instance of lashing out at your child may not be considered abuse, one instance of sexual misconduct will be. The court will assess the specific actions and behaviors that constitute abuse or neglect.
- History of conduct – The courts will consider whether or not the behavior is an isolated incident or part of an ongoing pattern.
- Impact on the child – The court will assess how the parent’s conduct has affected the child’s well-being.
- Evidence of future risk – The courts will assess whether the parent poses a risk to the child in the future.
Taking all these into consideration, the court will assess the parent’s overall ability to provide a safe, stable, and nurturing environment for the child.
Talk to a Tampa, FL, Child Custody Lawyer Today
If you have concerns about your co-parent, the Tampa family lawyers at Westchase Law, P.A., can help you argue for sole custody. Call our office today to schedule an appointment, and we can begin addressing your concerns right away.