Michele A. Lebron | April 3, 2025 | Child Custody

How Does a Family Court Determine If a Parent Is Unfit in Florida? 

When a court decides a dispute between two parents in Florida, it will determine what parental responsibility and timesharing arrangement is in the best interests of the child. To do this, the judge will consider a variety of factors. However, a court will not order timesharing to a parent who cannot properly care for the child, as discussed further below.

How Does a Family Court Determine Timesharing Arrangements in Florida?

In Florida, in a dispute between two parents, the court’s duty is to determine the child’s best interests and create a timesharing order that promotes the child’s social, emotional, and educational welfare and happiness. 

There are many factors the court will consider, including but not limited to:

  • The capacity of each parent to encourage and facilitate a continuing parent-child relationship and honor time-sharing schedules
  • The division of parental responsibilities
  • The capacity of each parent to act upon the child’s needs versus their own
  • Each parent’s moral fitness 
  • Each parent’s physical and mental health
  • The child’s school, community, and home record
  • The child’s reasonable preference if they are of sufficient age and intelligence
  • Each parent’s ability to provide a consistent routine for the child
  • Each parent’s ability to communicate and keep the other parent informed of issues and activities related to the child
  • Any evidence of past abuse, abandonment, neglect, or violence
  • The child’s developmental stages and needs and each parent’s ability to meet those needs

Often, both parents may satisfy these considerations, and the court may order equal timesharing. However, the court will likely determine that it is in the best interests of the child to award timesharing to one parent if the other parent is unfit.

What Is Parental Unfitness?

In general, parental unfitness means that a parent cannot provide for the child’s needs. In these cases, a court may order sole parental responsibility to the parent who can properly care for the child. However, each situation is evaluated on a case-by-case basis depending on the unique facts and circumstances. 

A parent may not understand and provide for the child’s basic needs, including the child’s physical, social, or educational happiness and well-being. This may not result from any specific activity or inactivity on the part of the parent. For example, the child may have special needs that the parent simply cannot address.

In some cases, a parent may be considered unfit because of specific behaviors that risk the safety and well-being of the child. 

Examples of these behaviors include:

  • A history of family violence, including causing fear of physical harm, bodily injury, or assault
  • Past sexual abuse
  • Mental or physical abuse against the child
  • Child neglect
  • A history of substance abuse

Suppose either parent demonstrates any of these or similar behaviors. In that case, the court may award sole parental responsibility to the other parent. 

The court may order an independent psychological or medical evaluation to determine if a parent is unable to properly care for their child. 

An Experienced Family Law Attorney at Lebron Law, PLLC Can Help With Your Child Timesharing Case

Deciding a dispute between two parents is an emotional and demanding process. It requires thoughtful planning, insightful strategy, and detailed evidence. A skilled attorney can help you and your family work through these issues.

For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC by calling (321) 800-5195 to schedule a free consultation.

We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:

Lebron Law, PLLC
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195