Can You Win Back Custody If Your Ex Is Neglecting Your Child?

Parents can lose custody of their children for many reasons, neglect being just one example. But what exactly is neglect? How does Florida define child neglect? More importantly, what can you do if you believe your ex is neglecting your children? Could this help you win custody of your children and move them into a safer environment? Let’s find out.

What is the Definition of Child Neglect in Florida? 

According to the CAPTA Reauthorization Act of 2010, child abuse and neglect is defined as:

“Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation.” 

Or:

“An act or failure to act which presents an imminent risk of serious harm.” 

Cornell’s Legal Information Institute gives us a more specific definition, stating that neglect is a parent’s “failure to provide a child with the necessities.”

 In Florida, Child Neglect is a crime that involves failing to provide a child with essential care, supervision, and services necessary to maintain their physical and mental health.

 As you can see, the definition of neglect is actually quite broad. This means that there are many situations in which your ex could be accused of neglect, which could result in the loss of custody.

What Happens When I Report My Ex for Child Neglect? 

If you report your ex for child neglect, they will likely face a felony of third degree. They may also face a felony of the second degree if their negligence resulted in serious bodily harm, permanent disability, or disfigurement.

But the real question is about custody. A parent who commits child neglect will almost certainly lose custody of their children. If you share custody or you’re the non-custodial guardian, you may then take full custody of your children. Of course, you will need to show the court that this serves the child’s best interests – and a family law attorney can help you accomplish this in an efficient manner.

Where Can I Find a Qualified, Experienced Child Custody Attorney? 

If you’ve been searching for a qualified, experienced Orlando child custody attorney, look no further than Steve Marsee, P.A. Over the years, we’ve helped numerous parents seeking to win back custody of their children. Custody arrangements can be difficult to challenge if your ex has done nothing wrong. But as soon as they start neglecting your children, you have every right to take legal action and move your children into a safer environment. Book your consultation today to get started with an effective action plan.

Sources: 

law.cornell.edu/wex/parental_neglect

hhs.gov/answers/programs-for-families-and-children/what-is-child-abuse/index.html#:~:text=%C2%A7%205106g)%2C%20as%20amended%20by,sexual%20abuse%20or%20exploitation%22%3B%20or

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0827/Sections/0827.03.html#:~:text=775.084.,775.082%2C%20s