When Could a Parent Lose Time-Sharing Rights in Florida?

The State of Florida strongly believes that it is in the best interest of children to have relationships with both their parents if the parents divorce. Statute 61.13 specifically details, “It is the public policy of this state that each minor child has frequent and continuing contact with both parents after the parents separate or the marriage of the parties is dissolved and to encourage parents to share the rights and responsibilities, and joys, of childrearing… there is no presumption for or against the father or mother of the child or for or against any specific time-sharing schedule…[1]” However, under some circumstances, the court may terminate the time-sharing rights of a parent. Let’s examine some of the situations that could cause a parent to lose access to their child.

Abuse or Neglect

If a parent physically or sexually abuses a child, that is grounds for losing time-sharing rights. If a parent does not abuse the child in question, but does abuse other children in the home or commits domestic violence against adult family members, they may lose access to all the children. Similarly, if a parent neglects a child, they can lose time-sharing rights as well. Examples of neglect include failure to properly feed or clothe a child, failure to provide proper supervision, and failure to provide a safe environment.

Unsafe Living Conditions

If the child lives in a building that has been cited for health or safety hazards or is found to contain vermin, the parent could lose access to their child. In a situation such as this, if the parent moves to a safer location, time-sharing rights can often be reinstated.

Making False Abuse Accusations

If one parent is found to have falsely accused the other of abuse, the parent who makes the accusation can lose time-sharing rights to the child. If you feel that your child is being abused by their other parent, file a police report documenting the abuse and contact your attorney to determine the best course of action to maintain your child’s safety without you being charged with making a false accusation.

Parental Alienation

Parental alienation is when one parent intentionally tries to make the child dislike the other parent. It’s important to remember that as much as you may loathe your former spouse, they are still your child’s parent and it is generally in the child’s best interest to have an amicable relationship with both parents. Another type of parental alienation is refusing to abide by the parental time-sharing agreement. An example of this is not requiring your child to spend time with the other parent when it is their turn for time-sharing.

Your children are the most important people in your life. If you are concerned that you may lose access to your children, contact the family law firm of Troy Legal to discuss your situation. We will advise you of your rights and fight to help you maintain time-sharing rights to your children.

Troy Legal, P.A. was founded in 2009 and serves clients throughout South Florida. Troy Legal, P.A., specializes in Marital and Family Law, providing reputable legal services for prenuptial and co-habitation agreements, paternity cases, adoption matters, alimony and child support, time sharing and parenting plans, drafting of qualified domestic relations orders (qdros), mediation services, equitable distributions, collaborative law, post-judgement modification and enforcement, domestic violence cases, and dissolution of marriage or divorce.  Troy Legal, PA. .is dedicated to serving clients through compassionate and aggressive representation, while upholding the highest degree of ethical standards.

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[1] The Florida Legislature. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed September 30, 2021.