How Does a Sarasota Parent Lose Custody?

Several family law proceedings could result in the loss of child custody.

A parent could lose custody of a child if a court determines that this move is in the child’s best interests. Judges consider a number of factors when making this determination, such as the child’s wishes, the parent’s wishes, the needs of the child, and the parent’s willingness/ability to meet those needs.

The judge also considers the child’s current environment. The aphorism, “the devil you know is better than the devil you do not know,” comes into play in these determinations. If the current parenting timeshare arrangement is working, even if it has problems, most judges would rather not disturb it.

Because the child’s best interest is a factor-based determination in Florida, both parents have important legal rights. However, these rights are only words in a book unless a Sarasota family law attorney enforces them. Usually, lawyers settle child custody disputes out of court, thus avoiding an emotional courtroom showdown that benefits no one in the end.

Changed Circumstances

A judge could alter an existing custody order if the child’s circumstances have materially, unexpectedly, and permanently changed.

Materially changed circumstances usually involve the proportion of overnight visits. Assume a judge gave Mom custody of Sally after a divorce. Sally and her mom have a falling out, so she starts spending more time with Dad. His expenses increase and he needs to change Sally’s address for school purposes.

If a Sarasota family law attorney files a motion, a judge might basically formalize the current situation and designate Dad as Sally’s primary residential parent. The court might also alter the child support obligation accordingly.

Age-related changes are not unexpected changes. This factor is more common in child support modification matters. Usually, teenagers are more expensive to raise than grade school-age children.

The materially changed circumstances must be permanent. If a Sarasota family law attorney runs to the courthouse as soon as circumstances change, the judge will most likely deny the motion.

Voluntary Termination

Since children can only have two legal parents, stepparent adoptions almost always go hand-in-hand with the voluntary termination of parental rights.

Judges do not automatically sign off on voluntary termination petitions. A Sarasota family law attorney must prove the termination is in the child’s best interests. Usually, the stepparent must be competent (e.g. no recent history of family violence), and the child’s relationship with the departing parent must be distant.

Termination means just that. The biological parent and child no longer have any legal relationship. Terminated parents don’t have any visitation rights and aren’t required to pay child support.

Since termination is such a big step, many biological parents do not agree to it. At that point, the options are either involuntary termination or, preferably, a name change. Changing the child’s name has no real legal effect, but it has an emotional effect. Everyone in the household has the same last name.

Involuntary Termination

Either the state or a parent could seek involuntary termination, which is only available in a few cases. The grounds for involuntary termination include substance abuse, endangerment, abandonment, and sexual misconduct.

Specific rules apply. Substance abuse is a good example. The parent must have a history of extensive, abusive, and chronic use of alcohol or controlled substances. Additionally, that parent must have failed to complete treatment in the prior three years. Furthermore, the substance abuse must be severe enough to prevent that parent from safely caring for a child.

Connect With a Dedicated Sarasota County Family Law Attorney

Family law disputes usually involve emotional and financial matters. For a confidential consultation with an experienced family law attorney in Sarasota, contact Carman & Finegan, P.A. Virtual, home, and after-hours visits are available.