reasons a mother can lose custody

In cases of custody lost due to alcohol or drug abuse, the mother must prove she has completed a treatment program before she can request a return of custody rights. Many mothers lose custody of their children from preventable factors. Let’s talk about how a mother can lose a custody … In fact, a study done by the National Institutes of Health revealed that substance abuse was one of the main reasons that a mother lost custody of her children. While there are many reasons that a parent could lose custody of a child, some are child neglect, emotional or mental abuse of the child, physical abuse of the child, domestic violence, child abduction, alcohol and/or drug abuse , unwilling to work with the father to do what's best for the child. However, consistent neglect or hardships could be grounds for a judge to take a second look at the custody agreement. If a father keeps detailed logs about each time the mother sabotages his attempts to the see the children, these can be used against her in court to challenge her custody. In general, the full custody of a child below seven is given to the mother. If you are a mother who is concerned about whether or not you can lose custody of your children, or who is facing an ex challenging your right to custody, read on. Not dating. There are also reasons to obtain sole custody beyond protecting the child physically: ABANDONMENT : Sometimes parents can't or won't take care of their child. Some of the reasons for custody denial include situations where there is: 1. I told you they were important, and they are. If a parent has sole physical custody, their child will live with them full time and have visits (potentially supervised visits) with the other parent, unless the court finds that visits wouldn't be in the child's best interest.. My sister has seen mothers lose custody for the following stupefying reasons: Having a job. Child abuse is the number one reason to lose custody of a child A very common reason to lose custody of a child is child abuse. If you are in need of documented proof to bring any of these issues to light in a courtroom, consider hiring a private investigator to uncover that information instead of doing it yourself. Not caring for the children as instructed and agreed upon, Failing to comply with a restraining order. At minimum, … Perhaps the court has ordered a shared custody agreement, and she fails to comply with it (which could be interfering with your parenting time). This could be due to drug or alcohol abuse or other unsuitable lifestyle choices. The judges want to make sure that there is no danger to the child. Poor Judgment on the Mother’s Part Can Cause a Loss of Custody In general, judges want to place children with parents who are fit. Failure to prove you're the primary caretaker 4. Will violating a custody court order significantly play a role in losing custody … All Rights Reserved. So, that being said, how can a mother lose custody battle? Even if you are a mother who is awarded custody of your children, it’s possible for your ex to reverse the court’s decision and revoke your rights to custody based on certain circumstances – at any time. Here are three of the most common that we see: 1. For one parent to violate a child custody order may impact whether or not they could lose custody of that child. If a parent has shown little interest in their child and has failed to maintain contact with them, you may want sole custody so the parent can't resurface years later to exercise custody rights as a virtual stranger. Parents who abuse drugs or alcohol may be deprived of custody much like a mom or dad who neglects their child. A judge could think that he is the unfit parent if he threatens or yells at you. Court orders are legally binding, so if a parent refuses to follow those … Approximately 50% of the custody cases today end with the father getting sole custody so don’t assume anything. In a custody battle, a swat on the bottom may be interpreted by a spouse as true physical abuse, so be careful. But just because your ex files for custody rights against you doesn’t mean his case is legitimate. Top 5 Reasons Why Mothers Lose Custody… An unfit mother can lose a custody battle for child abuse, neglect, or inability to provide proper care. The court will determine if any safety issues are present and will make appropriate decisions to protect children. And yes, women can be abusers as well. ©2020 Janet McCullar: Child Custody and Parental Alienation Lawyer. Mothers can lose custody for a variety of reasons, and once it's gone, it may be difficult to regain. Family law judges in Hamilton generally place children with parents that they believe can … In fact, personal bias and related factors can all end up hindering his claims – and helping yours. If a mother is abusing her children, neglecting them, alienating their father from them, or putting their lives in danger, the father has every right to modify their existing custody agreement or pursue custody of his children. Providing a stable, healthy home for your children and giving them all the love you have to give is usually enough to keep your custody rights. A mother's serious neglect that endangers the health, safety, education, or general welfare of the child should cause the mother to lose custody of her child. Below are just three reasons that mothers are having their parenting rights terminated: Abuse and Neglect: A mother can lose custody of her children if she herself abuses her children, if she does not take steps to prevent the abuse of her children by a spouse or partner. If paired with physical abuse, this reason is more effective. Here are five possible reasons why a parent, particularly the mother, can’t win the custody case, but keep in mind there are always extenuating circumstances to every case where even bullying or bad blo gging by a “psycho ex-wife” or husband can sway a judge’s decision regarding child custody. How Can a Mother Lose Custody of Her Child? A mother can lose custody of her children if she does not take steps to protect them after they have been abused by her spouse or partner. The court will see if there is a history of child abuse. However, fathers will have better cases if they have witnesses who are not related to them and are available to testify to the judge. The verdict of this charge varies on a case-by-case basis. Unless he’s documented anything and everything that can help his case and compiled police reports or other court reports that will support his claims, the court is going to overlook his request. The definition of a fit parent can vary; for example, one … Today, it isn’t written in stone that mothers will retain full custody. Losing Custody By Breaking the Law Generally, mothers lose custody of their children by either breaking the law or violating court orders . The neglect of children is hard to prove alone. Domestic violence is another reason a mother can lose custody. Rarely, couples decide to stay married, but custody of the children is given to one parent. professional investigation and surveillance, Guide to Surveillance Private Investigations, 5 Questions You Should Ask a Private Investigator, Your Dog Has Been Stolen – Here is What You Need to do Immediately. Keep in mind losing custody doesn't mean you’re a bad mother. Court Order Violation. Sometimes the evidence can make or break the custody case. Child Abuse. If your ex lacks evidence in his claim against you, it probably will not result in you losing her custody rights. There are several ways that a mother can violate a court order. Physical abuse toward her ex, especially if he’s filed a restraining order against her, can reflect poorly on her abilities as a mother. Well, in this article, we have compiled the 7 most common reasons for happening so. As Giglio, a veteran Great Neck NY private investigator, says, “ I have seen may clients attempt to be their own investigators only to have it backfire on them, when you are dealing with court you are much better off when a non-bias professional licensed investigator to obtain evidence for your case” he additionally stated “In court, evidence is key, especially legally obtained evidence which proves any accusation, all day long the court hears he said she said but they are more concerned with evidence than claims”. If a mother fails to care for her children, other parties will likely notice (e.g., the children’s teachers or daycare workers). A mother can lose a custody battle if she is an unfit mother. Why Mothers Can Lose Custody. If a couple has agreed to co-parent their children, but the children are suffering while they are with their mother, the father could file to have her custodial rights removed. In some cases, parents can lose custody, and if this happens, there are things you can do to support your own case. It’s important to find ways to cope with that stress, but you should be … Then, the mother will only retain visitation rights under professional monitoring. Common Reasons for Denial of Custody. Mothers without custody aren't necessarily stuck with the court's decision forever. The circumstances that will allow your ex to file against you, Factors that can help your case if your ex makes claims against you. Actually, such an action can impinge on a father’s case if he ever tries to file again in the future, since his credibility and character will be called into question. But in order for a judge to reconsider the court’s decision, all of them must involve solid evidence to back them up. Also potentially harmful are video and voice mail recordings (a la Alec Baldwin). Child abuse, sexual abuse, or neglect 2. Do you need a private investigator to catch a cheating partner? (Even rapists can sue for custody of the offspring from their attacks.) Judges make decisions based on the “best interest” of the child or children but joint custody is assumed until further information is gathered. If he bases his claims off hearsay or personal opinion, it’s likely his case against you will be dismissed. This means he must have proof that supports his allegations (e.g., police reports, testimonies, or other documented evidence) to effectively assert his claim. If you accuse the father of abusing your child and it becomes known that you were lying, it can work against you so make sure to be credible with your accusations!) Any sort of abuse will likely cause the court to question the mother’s ability to safely parent her children. (In addition, false accusations of abuse can also hurt your case). Unquestionably, physical abuse is a valid basis for a mother to lose custody of her child or children. For example, perhaps a father doesn’t like the way his ex allows the children to dress while they are under her care, but this disapproval would not be considered sufficient evidence for removing her custodial rights. So, remember those best interests of the child factors? Charges such as reckless endangerment and DWIs are even more serious. Why Do Mothers Lose Custody? Losing Custody By Breaking the Law Generally, mothers lose custody of their children … The compelling reasons for a mother to lose child custody: 1. insanity2. Each may be grounds for removing her custodial rights. This also extends to him filing the correct paperwork; if he fails to comply with any of the mandates set forth by your state’s laws, he could be forfeiting his case. In general, the full custody of a child below seven is given to the mother. Thus, it’s also helpful to know the circumstances by which a father can weaken his case against you. The general phrase sole custody can refer to sole physical custody, sole legal custody or both.. Here are five possible reasons why a parent, particularly the mother, can’t win the custody case, but keep in mind there are always extenuating circumstances to every case where even bullying or bad blo gging by a “psycho ex-wife” or husband can sway a judge’s decision regarding child custody. By educating yourself about the common reasons why mothers lose custody, you can avoid costly litigation and keep your children safe. You can ask the court to change the order, but you'll need a good reason for it to do so. However, the more common approach is to use the parenting of your children as a reason for divorce. But if the lack of rules at the mother’s house encourages the children to fail at school or turn to substance abuse, these ramifications could cause the mother to lose her custodial rights. Mothers can lose custody of their children. The study revealed that mothers who abused … Sadly, parents who have a history of psychiatric illness might find it difficult to … In some cases, visitation can be limited or supervised. But it can be done, and it can be grounds for removing a mother’s custody rights. The last reason a mother can lose custody of her child or children is by not being the primary caretaker or not being involved in her children’s lives prior to the divorce or custody hearing. Let’s look at the top five ways that a mother can lose custody. Ohio courts gather a variety of information to … Darrin Giglio, lead investigator and owner of North American PI, agrees that a professional investigation and surveillance can be beneficial in winning custody cases. There have been many instances where a parent has lost child custody after securing it initially and the reasons for this are sometimes very common and sometimes uncommon as well. Nevertheless, if a mother has been excessively hitting, biting, kicking, scratching, burning, or inflicting any other sort of physical abuse on her children, her ex has every right to file against her. If you suffer from any addictions seek out the appropriate help. add a comment. If a mother is addicted to harmful substances, it will probably be grounds for terminating her custody. There are many reasons that social workers decide to remove children from their mother, which may result in the loss of custody of her child. However, a mother may be able to retain custody if she agrees to get counseling or other treatment for her addiction. If the court fails to establish the findings for awarding primary physical custody the other parent can appeal the decision. Winning custody is based on which parent can protect the child's best interests. Larger issues, however, can be a reason for a mother to lose custody. Having a lawyer on your side to double-check that he’s following protocol could help uncover mistakes he’s made – effectively helping you in the process! Parental alienation (i.e., trying to manipulate children into hating the other parent) is also considered emotional abuse. As a matrimonial law attorney who regularly represents mothers and fathers in contested divorce trials, I have very some straight forward advice for parents going through divorce, and who are contemplating a custody action. Child abduction is a common reason that a mother loses custody. How Can a Mother’s Physical Abuse of a Child or Children Cause Her to Lose Custody? If Child Protective Services or a police report is filed against the mother, this will make her case even more difficult. Dating. First, all divorcing couples begin with joint custody rights. What does a child custody investigator look for? Even if you and your ex have agreed to a court-ordered custody agreement, it can be modified or appealed based on the reasons above. If he acts on these emotions and files against you for no other reason, your custody rights are safe. Credibility in court is paramount. Violation of Court Orders. These factors are even more critical if her children are young and impressionable. For instance, a Child Protective Services office that … Mothers can lose custody for a variety of reasons, and once it's gone, it may be difficult to regain. Reasons Parents Lose Custody Of Their Children Although most laws are designed to help divorced parents maintain a healthy relationship with their children, there are times when some issues may disqualify divorcees from having legal custody of their kids. Here is an overview of things you should try to avoid doing while trying to win custody. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse. Many people struggle with addictions to alcohol and other substances. Violation of Child Custody Order. Sometimes this comes in the form of “corporal punishment” such as spanking or other physical acts of punishing a child – there is a fine line between discipline and physical abuse. This is a common reason why some parents may lose custody of their children. If you are a mother and want to keep your custody rights, you should certainly avoid the common ways that mothers lose custody listed above. Common Reasons a Parent Can Lose Custody of Children As a rule, the court only takes custody and visitation away from a parent in extreme situations, such as if there is evidence of abuse or an environment that is harmful to the well-being of the child. Divorce is … Female abusers are on the rise so don’t assume that only men are capable of domestic abuse. Is your ex angry or frustrated with you? But, parents can sabotage their chances of custody if they are not careful. If you are a father and wondering how a mother can lose custody of her child, the truth is that it depends on whether there is a child custody order in place. It is important to note that inconsistent or minor neglect (e.g., forgetting to pick them up a couple of times or not preparing lunch one day) is not usually grounds for a loss of custody. Mothers Losing Custody, Reasons. Furthermore, as the father, you may be found to be partaking in child neglect if you do not take appropriate action and do not prevent the continuation of said physical abuse. Sometimes this comes in the form of “corporal punishment” such as spanking or other … Winning custody is based on which parent can … The above reasons apply whether you are co-parenting or you currently have sole custody. Drinking and driving with a child will most likely make you lose custody even without the child in the car it is a very serious offense if it come to light in court. Few judges will believe that there is actually abuse or neglect happening in a household that has repeatedly proven its innocence. Child Custody and Visitation written on a paper and a book. The New Rules in Family Law: How and Why Mothers Lose Custody Rights Published on August 20, 2014 August 20, 2014 • 40 Likes • 32 Comments The most common reasons parents lose custody includes abuse, neglect, domestic violence, drugs, and violating court orders. Mothers can lose custody of their children. Abusers … Posted on August 11, 2020 by Editorial Staff. Be prudent and stay out of trouble. You must be intimately involved in your child or children’s lives and you must be able to demonstrate this in court. Sometimes, very sad ones applied. There once was a time when the mothers automatically received sole custody simply because they were the mother, but those days are over. If you violate the terms of the custody agreement (you have to have the other parent’s permission) then you yourself can lose custody of your child. A false allegation of abuse can be hurtful to both the child and the parent being accused, as every allegation is met with a temporary order barring the accused from seeing the child and a thorough investigation. One of the biggest mistakes moms make is that … Going through a divorce can be a massive source of stress. Therefore, the father could use their testimonies against the mother in court. These reasons can apply if: You are married to the father of your children. While many of these reasons may sound like common sense, hundreds of mothers have their rights revoked every year due to one of these infractions. Reasons a mother may lose custody. Many of the diagnosis that you mentioned can be successfully managed and people who have them can be very effective parents, productive employees and dependable friends. One common myth is that the courts favor mothers when determining child custody, but this has consistently proven to be a misconception. Even casual use of alcohol or drugs will make it more difficult to win custody. Abuse, Neglect, Domestic Violence, Crime and Drugs If a child has been abused or neglected by a parent, a court can … Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. Child abandonment 3. Other reasons why mothers may lose custody of their children include endangering their access to education, their basic needs, and their health facilities. They include: If your ex files a lot of complaints against you or asks the court or the  police to conduct an investigation that consistently results in lack of evidence, he’s going to lose his credibility. And in this situation, under bad law, a good mother without money can lose custody.” Where to Go for Help. n If a mother has a physical or mental health issue that stops her from providing proper care to the child, she could lose custody. Child custody can get really messy and no parent would ever want to lose so watch out, here are reasons on how you could lose the battle. There once was a time when the mothers automatically received sole Custody simply because they were the mother, but those days are over. In fact, the court awards child custody to a substantial percentage of fathers each year, and this percentage is predicted to increase as efforts toward parental equality continue. A mother can lose custody in Indiana for being physically abusive to her children’s father. Winning custody of your kids when you and your ex separate is not an easy task, especially because most courts prefer some form of shared or joint custody. Online activity – In the age of technology, there is a virtual paper trail with every click of a mouse we make. When parents don’t appear to be in control, they are far more likely to lose custody of their children. Any of the above reasons can cause a mother to lose custody of her children. 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