Reasons to Lose Custody of a Child That May Surprise You in Fort Myers, FL

 

In a family court of law, the judge may award sole or joint custody and sole or joint physical custody 

of a child. Visitation, or parenting time, may be equal or given primarily to one parent. Losing custody 

of a child means losing both joint legal and/or physical custody and visitation may become limited or 

supervised.


1. Child Abuse 

Child abuse is disturbingly the number one reason a parent may lose custody of a child. Parents who 

strictly discipline children are advised to take parenting classes or seek counsel for recommended 

methods. A court may view strict parenting as abuse. 


Child abuse can be seen in many forms. 

  • Physical: Abuse which resulted in burns, bruises, scars, wounds or head/bone injuries.

  • Sexual: Involves overt and generally forced sexual acts or indecent exposure. A parent engaged 

    in an act of serious child abuse through neglect.  

  • Emotional/Psychological/Verbal: Abuse that can lead to depression, anxiety or developmental 

    regression.

    • Corrupting, exploiting or manipulating the child to exercise deviant or inappropriate 

      behavior

    • Humiliating, ridiculing or demeaning the child

    • Making the child feel indifferent 

    • Making the child feel useless

    • neglecting the social needs of the child



2. Child Abduction

Child abduction by a parent is a reason to lose physical and legal custody of a child. The result depends 

on the severity of the abduction and the judge overseeing the case. 

 

3. False Child Abuse Accusations

Common in Florida, one of the leading reasons a parent loses custody is false child abuse allegations. 

Making deceitful accusations and lying is not taken lightly by the court. Usually, a false allegation 

equates to a temporary order restricting the accused to see the child with an in-depth further 

investigation - damaging to both the accused parent and the child. 

 

4. Living in an Unsafe Environment

A parent's living environment affects how much child custody is received. To regain custodial rights, 

the parent would be required to transfer to a safer location. 


Several living conditions are considered including if a parent lives in a/an: 

  • Building cited for multiple safety and health hazards

  • Car

  • Criminogenic neighborhood 

  • Outdated building or home 

  • Recreational vehicle (In some cases, depends)


5. Parental Alienation

Parental alienation occurs when one parent attempts to alienate the child from his or her other parent. 

A parent may do this by talking badly about the other parent in front of the child - aiming to evoke anger 

in the child to the other parent or to refuse co-parenting. 

 

Regardless of feelings for one another, co-parents are responsible for fostering a healthy and ongoing 

relationship with the child and for both parties. If one parent fails to keep their side of the agreement, the 

court may find them unfit to parent.

 

6. Child Neglect

Child neglect is a form of abuse as it is a failure of action in times of need. A parent who fails to feed, 

clothe and groom their child is considered endangerment by the court. If the court finds the child was 

endangered in any way, the parent could be at risk of losing custody of the child. 

 

Additionally, the court is concerned with how sanitary a parent keeps their home. Allowing a child to live 

in an unsanitary living space is a form of neglect, and it is one of the core reasons courts revoke child 

custody.

 

7. Maternal Substance Abuse

According to National Institutes of Health reports, substance abuse is one of the reasons mothers lose 

custody of their children. Commonly, these mothers are victims of domestic violence and have histories 

of neglect as a child. 

 

8. Overseas Military Parents

For single mothers or single fathers who are deployed in a war zone, the likelihood of losing custody is 

high. Certain Family Care Plans handles cases where a designated responsible person cares for the 

child 24/7 while their mother or father is overseas. Overall, care and expenses including medical and 

education needs should be met on behalf of the father or mother. If the father is still included, the father 

can file for temporary full custody while the mother is abroad. 


Fort Myers, Florida's Most Trusted Family Law Attorney | Marquez 

Kelly Law

Marquez-Kelly Law is a compassionate family law firm that provides equitable resolutions that protect 

your interests and those of any children. 

 

Marquez-Kelly has extensive experience with child custody cases and has long been providing legal 

services to Fort Myers and the surrounding Florida areas. She can effectively help you navigate the 

complexities of the legal system in reaching any modification determination that is fair and will protect 

your rights.

 

To discover more about child custody law, call Marquez Kelly-Law at 239-214-0403 or visit our 

website today.

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