Michele A. Lebron | September 23, 2025 | Child Custody
Florida courts want children to have a healthy relationship with both parents. But sometimes, one parent puts the child at risk. When that happens, a judge may decide to change custody. In Florida, custody is split into two main parts: Shared Parental Responsibility (decision-making) and Timesharing (physical custody). This post explains how a parent can lose timesharing or decision-making rights in Kissimmee, FL.
Common Reasons a Parent May Lose Custody in Florida
Losing custody of a child is a serious matter in Florida. Courts aim to keep both parents involved in a child’s life whenever possible, but certain actions or conditions can put a parent’s timesharing rights at risk.
Below are some of the most common reasons a parent may lose custody in Kissimmee, FL.
Abuse or Neglect
One of the fastest ways to lose custody in Florida is through abuse or neglect. Courts take this very seriously. If a parent physically, emotionally, or sexually abuses a child, they can lose all rights to custody. The same applies to serious neglect—failing to feed, clothe, or care for a child can be grounds for losing timesharing.
Even one confirmed report from the Florida Department of Children and Families (DCF) can prompt a judge to restrict or terminate custody. The child’s safety always comes first.
Substance Abuse
If a parent struggles with drugs or alcohol, it may impact their ability to care for a child. Florida courts may order evaluations or drug testing. Repeated positive tests or arrests related to substance use can hurt a parent’s case.
Parents may lose timesharing or have only supervised visits until they complete treatment or show long-term recovery.
Domestic Violence
Florida law gives judges the power to limit custody rights if one parent has a history of domestic violence—even if the violence didn’t involve the child. A criminal conviction isn’t required. Evidence like police reports or protective orders may be enough.
Judges may also look at whether the violence happened in front of the child or created a harmful home environment.
Violating Court Orders
Once a parenting plan is in place, both parents must follow it. If a parent refuses to return the child, blocks visitation, or makes major decisions without the other’s input, it may be considered a violation.
The court may reduce or suspend timesharing for:
- Repeatedly ignoring the parenting plan
- Moving the child without permission
- Denying visits without cause
Judges expect parents to obey court orders, even if they don’t agree with them.
Mental Health Concerns
Having a mental illness does not automatically mean a parent will lose custody. However, a judge may limit timesharing if the condition affects their ability to parent safely and consistently.
Parents may need to:
- Show proof of ongoing treatment
- Provide mental health evaluations
- Agree to supervised visits during unstable periods
The court’s goal is always to protect the child while supporting the parent’s ability to recover and stay involved.
Making False Accusations
Some parents try to gain the upper hand by making false accusations about the other parent. However, this strategy can backfire. If the court finds out that a parent knowingly lied about abuse or neglect, they may lose custody for misleading the court and hurting the child’s relationship with the other parent.
Filing a Request for Custody Modification in Kissimmee, FL
If you think your child is unsafe with the other parent, you can ask the court to modify your custody arrangement. In Florida, this process starts with filing a Supplemental Petition to Modify Parental Responsibility, Visitation, or Parenting Plan.
You must show that:
- There has been a substantial, material, and unanticipated change in circumstances
- The change is in the child’s best interests
At the hearing, the judge will consider evidence from both sides. If needed, they may also ask for a Guardian ad Litem, psychological evaluations, or DCF involvement.
Contact the Kissimmee Child Custody Lawyer at Lebron Law, PLLC for Help Today
Losing custody is one of the hardest things a parent can face. If you’re worried about your child’s safety or need help protecting your rights, we can guide you. At Lebron Law, PLLC, our experienced Kissimmee child custody lawyer is here to fight for your child’s best interests and support you through the legal process.
For more information, contact our experienced Kissimmee family law & divorce attorneys at Lebron Law, PLLC to schedule a free consultation.
We serve all through Osceola County and its surrounding areas in Florida. Visit our office at:
Lebron Law, PLLC Kissimmee
15 S Orlando Ave, Kissimmee, FL 34741
(321) 800-5195
