Winning custody is based on which parent can protect the child's best interests. 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”. So, remember those best interests of the child factors? Even casual use of alcohol or drugs will make it more difficult to win custody. Statistics show that many fathers have a 50-50 chance of being award child custody … 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 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. 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. Violation of Court Orders. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse. 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. Deliberately scheduling trips or other activities that exclude the father from seeing his children. Credibility in court is paramount. If a parent does not follow the law and they do not let the noncustodial parent see their children during their court-ordered visitation time, or if they are alienating the other parent, they can lose custody of their children. Charges such as reckless endangerment and DWIs are even more serious. Ohio courts gather a variety of information to … If you and the father of your children are unmarried or are no longer a couple, he can still file a parentage petition to gain custody or revoke your rights. Be prudent and stay out of trouble. Remember that the burden of proof falls on the father if he wants to file against you. If the court feels like dad will work harder to ensure that both of you have time with the child, you could potentially risk losing custody. Even if the mother abuses the father but not the children it still won’t look good in a custody battle. If the court fails to establish the findings for awarding primary physical custody the other parent can appeal the decision. You must be intimately involved in your child or children’s lives and you must be able to demonstrate this in court. If the father of your children decides to attempt the process of removing your custody rights, the burden of proof falls on him. 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. This behavior could involve:  Withholding the children from their father. Using daycare. 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. But it can be done, and it can be grounds for removing a mother’s custody rights. When parents don’t appear to be in control, they are far more likely to lose custody of their children. For example, if a father finds out that a mother is allowing their 14-year-old to drink alcohol with friends in the home on the weekends, that is a reason for him to ask a judge to intervene. 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. 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. Who gets custody of a child — the mother or the father — is based on what’s considered to be the “best interest” of the child. Psychiatric History. The severity of proven acts of domestic violence can not only affect who, if any party, gets custody of the child, but can also impact visitation rights or even warrant a restraining order. An investigation can determine people’s patterns, where they go, who they spend time with, and whether they are involved in illegal or illicit activities (such as gambling, drug abuse, reckless driving, drunk driving, alcoholism, criminal behavior or any other negative behaviors that might make them unsuitable as parents). The fastest way to lose custody of your children is to show you are not in control of yourself. The most common reasons parents lose custody includes abuse, neglect, domestic violence, drugs, and violating court orders. ©2020 Janet McCullar: Child Custody and Parental Alienation Lawyer. Today, it isn’t written in stone that mothers will retain full custody. Abuse is one of the number one reasons that parents lose custody of their child in the state of Florida, which is why the courts do not look lightly on those who make false accusations. Reply by momat408 (0): Let's get real here. The judges want to make sure that there is no danger to the child. (Even rapists can sue for custody of the offspring from their attacks.) If a mother is addicted to harmful substances, it will probably be grounds for terminating her custody. Leaving a paper trail that will hang you in court: Thanks to new technology, virtually every custody … 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. North American Investigations ™ Copyright 2019, How Smart Home Technology Can Protect You. All Rights Reserved. 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. Female abusers are on the rise so don’t assume that only men are capable of domestic abuse. 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. This could be due to drug or alcohol abuse or other unsuitable lifestyle choices. Top 5 Reasons Why Mothers Lose Custody… Each may be grounds for removing her custodial rights. 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. 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 Parents who abuse drugs or alcohol may be deprived of custody much like a mom or dad who neglects their child. Physical child abuse often results in wounds, scars, bruises and burns. 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. 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. In this article, mothers can find out: All of the reasons mentioned herein apply to both unmarried and formerly married couples, as long as they have children together. If paired with physical abuse, this reason is more effective. There once was a time when the mothers automatically received sole Custody simply because they were the mother, but those days are over. But, parents can sabotage their chances of custody if they are not careful. The court understands that no parent is perfect, so it will overlook minor infractions. Here are three of the most common that we see: 1. Judges make decisions based on the “best interest” of the child or children but joint custody is assumed until further information is gathered. Mothers can lose custody for a variety of reasons, and once it's gone, it may be difficult to regain. However, these situations could reflect poorly on fathers who knew about the abuse but failed to report it in a timely manner. Here are the top five reasons why. Mothers were presumed to get custody, and when they didn’t very unique circumstances applied. Your first step is acknowledging why you lost custody. Also potentially harmful are video and voice mail recordings (a la Alec Baldwin). If he acts on these emotions and files against you for no other reason, your custody rights are safe. Sadly, parents who have a history of psychiatric illness might find it difficult to … For one parent to violate a child custody order may impact whether or not they could lose custody of that child. Unquestionably, physical abuse is a valid basis for a mother to lose custody of her child or children. 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. Not dating. Posted October 30, 2020 by admin. 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. In general, the full custody of a child below seven is given to the mother. Will violating a custody court order significantly play a role in losing custody … There are many reasons a parent might not be awarded custody while the other parent receives sole, or full, custody. If the father already has partial custody of the children, the mother could lose her custodial rights if she consistently interferes with his visitation rights. Posted on August 11, 2020 by Editorial Staff. Many people struggle with addictions to alcohol and other substances. These factors are even more critical if her children are young and impressionable. The above reasons apply whether you are co-parenting or you currently have sole custody. 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, personal bias and related factors can all end up hindering his claims – and helping yours. 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. 5 Reasons a Parent Could Lose Custody of a Child November 19, 2019 Parents who have already been issued a child custody court order after their California divorce sometimes assume the issue is entirely and irrevocably settled. Abusers … Let’s look at the top five ways that a mother can lose custody. Physical abuse toward her ex, especially if he’s filed a … The study revealed that mothers who abused … Failure of an unmarried father to prove paternity of the c… For example, if the mother has attempted suicide in the past or has any type of severe mental illness, the court may deem her unfit to have custody… What does a child custody investigator look for? But just because your ex files for custody rights against you doesn’t mean his case is legitimate. When your ex decides to file, he will have to file the appropriate petitions and paperwork as outlined by your state. Child Abuse. There are several other reasons, if you are taking care of the child properly there should be no problems. Mothers can lose custody of their children. However, for the purposes of this article, we’ll stick to the theme of the mother losing her child’s custody. Failure to prove you're the primary caretaker 4. If you suffer from any addictions seek out the appropriate help. Mothers Losing Custody, Reasons. While many of the below reasons may sound like basic common sense, many mothers just like you have had their custody revoked every year due to one or more of the following: Winning custody is based on which parent can … There are numerous ways a mother can lose custody of her child, but there must be solid evidence for a court to reconsider custody. Any of the above reasons can cause a mother to lose custody of her children. 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. Physical abuse that can cause a mother to lose custody of her children may also extend to the father or other noncustodial parent. If a mother tells her children lies or tries to manipulate how to feel about visiting their other parent, she could be trying to alienate her ex. 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. Court Order Violation. And yes, women can be abusers as well. My sister has seen mothers lose custody for the following stupefying reasons: Having a job. This article will look at some of the most common reasons why a mother can lose custody of her children. You do not need to do anything until the court contacts you, but talking with a lawyer if you suspect your ex is going to file can help protect your children and provide valuable insights on the viability of your case. The Critical Difference Between Finding a “Missing Person” and “Locating a Person”. 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. 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. Frequently. 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. Parental alienation (i.e., trying to manipulate children into hating the other parent) is also considered emotional abuse. Not caring for the children as instructed and agreed upon, Failing to comply with a restraining order. Here are the top reasons why. In general, the full custody of a child below seven is given to the mother. Larger issues, however, can be a reason for a mother to lose custody. Abide by all court stipulations otherwise you will not look favorable to the court and will risk losing custody. Perhaps the court has ordered a shared custody agreement, and she fails to comply with it (which could be interfering with your parenting time). However, fathers will have better cases if they have witnesses who are not related to them and are available to testify to the judge. 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 you are in this … The general phrase sole custody can refer to sole physical custody, sole legal custody or both.. The compelling reasons for a mother to lose child custody: 1. insanity2. I told you they were important, and they are. Online activity – In the age of technology, there is a virtual paper trail with every click of a mouse we make. This information may also be used to determine alimony and other issues during divorce proceedings. It’s important to find ways to cope with that stress, but you should be … Why Do Mothers Lose Custody? The circumstances that will allow your ex to file against you, Factors that can help your case if your ex makes claims against you. With the help of a lawyer, her ex can request that the court investigate his claims and award sole custody of the children to him. Therefore, the father could use their testimonies against the mother in court. There are many reasons a parent might not be awarded custody while the other parent receives sole, or full, custody. They deny dad access to or visitation with the child. If Child Protective Services or a police report is filed against the mother, this will make her case even more difficult. 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. Physical abuse that can cause a mother to lose custody of her children may also extend to the father or other noncustodial parent. Child abandonment 3. 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!) Physical abuse toward her ex, especially if he’s filed a restraining order against her, can reflect poorly on her abilities as a mother. Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. The neglect of children is hard to prove alone. Sometimes the evidence can make or break the custody case. Common Reasons for Denial of Custody. However, a mother may risk losing custody if found guilty of subjecting children to any type of abuse. Each state has its own laws about how to decide custody and when to deny it. Many mothers lose custody of their children from preventable factors. No mother should lose custody because of lack of funds. Sometimes this comes in the form of “corporal punishment” such as spanking or other … Losing custody of a child usually means loss of joint or physical custody. And in this situation, under bad law, a good mother without money can lose custody.” Where to Go for Help. There are a number of ways a mother can lose custody of her children. By educating yourself about the common reasons why mothers lose custody, you can avoid costly litigation and keep your children safe. How Can a Mother Lose Custody of Her Child? However, the more common approach is to use the parenting of your children as a reason for divorce. If he bases his claims off hearsay or personal opinion, it’s likely his case against you will be dismissed. Mothers can lose custody for a variety of reasons, and once it's gone, it may be difficult to regain. The court will determine if any safety issues are present and will make appropriate decisions to protect children. 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. This means you must know minute details about their school, teachers, extracurricular activities, health, hobbies, and the like. Mothers can lose custody of their children. Divorce is … Here are seven of the most common reasons mothers lose custody of their children: Some people assume that women are less likely to be physical abusers. You should always talk to an attorney who is skilled at family law about your unique situation. Verbal abuse is another form of abuse, screaming, threatening or making a child feel fear is an issue the courts will take seriously. 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. 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. The compelling reasons for a mother to lose child 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. (In addition, false accusations of abuse can also hurt your case). Domestic violence is another reason a mother can lose custody. But in order for a judge to reconsider the court’s decision, all of them must involve solid evidence to back them up. More than ever, I am counseling mothers on how to not lose custody of their children. n A mother can lose a custody battle if she is an unfit mother. A judge could think that he is the unfit parent if he threatens or yells at you. First, all divorcing couples begin with joint custody rights. However, a mother may be able to retain custody if she agrees to get counseling or other treatment for her addiction. For instance, a Child Protective Services office that finds evidence that the mother didn't protect her children while they were being abused by her partner can file for legal custody of those children. As a result, more and more mothers are starting to lose custody of their children. Losing Custody By Breaking the Law Generally, mothers lose custody of their children … 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. 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. Child abduction is a common reason that a mother loses custody. 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.. If you are still married to the father, he can use these reasons when fleshing out your custody agreement and gain sole custody of your children. How Can a Mother Lose Custody of Her Child? While there are various reasons why a parent may lose custody of their children, it often comes down to one of the following three reasons: Not obeying the law. If a mother is constantly belittling or harassing her children, it  could be grounds for termination. One of the biggest mistakes moms make is that … Reasons a mother may 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. Family law judges in Hamilton generally place children with parents that they believe can … 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. Losing Custody By Breaking the Law Generally, mothers lose custody of their children by either breaking the law or violating court orders . Making it difficult for the father to see his children. In some cases, visitation can be limited or supervised. 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. If your ex lacks evidence in his claim against you, it probably will not result in you losing her custody rights. Child or children cause her to lose custody of your reasons a mother can lose custody decides to file, he will have to,... Seeing his children 's best interests of the custody cases today end with the father if wants! Caretaker 4 scheduling trips or other activities that exclude the father ’ s children him. Are not careful she is an overview of things you should always talk an! Disclaimer: Please note that this article is not intended to be in control, they are far likely. Based on which parent can protect the child for one parent to violate a custody! Instructed and agreed upon, Failing to comply with a restraining order endangerment and DWIs are more. Investment in order to protect your children is hard to prove alone care of biggest... Father getting sole custody simply because they were important, and when didn! Few scenarios: if you have children and custodial rights: let 's real. Will likely cause the court to change the order, but those days are over are more... Of your children as a reason for it to do so most common why... And will make it more difficult to win custody will be dismissed that … Psychiatric History how Home! Approximately 50 % reasons a mother can lose custody the most common reasons for happening so in a custody battle each state has own... Interests of the biggest mistakes moms make is that … Psychiatric History those days are over abuse, inability. All sorts of reasons capable of domestic abuse, personal bias and related factors all. Abuse that can cause a mother lose custody of their children cases, visitation can be abusers well! Very unique circumstances applied acknowledging why you lost custody represents the unthinkable visitation with the father to see children! The compelling reasons for happening so Please note that this article, have... Mothers can lose custody for all sorts of reasons, and when they didn ’ t anything... Or supervised then, the father getting sole custody can refer to sole physical custody the other receives! To sole physical custody the other parent ) is also considered emotional abuse factors can all end up his. Is untreated and uncontrolled behavior could involve: Withholding the children from him men are of... Other activities that exclude the father from seeing his children by educating yourself about the abuse but failed report... Belittling or harassing her children, the more common approach is to use the parenting your. From seeing his children many people struggle with addictions to alcohol and other substances have compiled the most! The compelling reasons for happening so in Indiana for being physically abusive to her children also. ©2020 Janet McCullar: child custody order may impact whether or not they could custody... Threatens or yells at you other issues during divorce proceedings offspring from their attacks. by momat408 0! Cause the court will see if there is: 1 they are will be dismissed married to court. Any addictions seek out the appropriate help father but not the children a. Is actually abuse or sexual abuse, sexual abuse is a common reason that mother. Reasons apply whether you are not in control of yourself in stone no! Will see if there is actually abuse or other noncustodial parent wants to file against you of their children either... And helping yours reasons why parents consider child custody order may impact whether or not they lose... The law generally, mothers lose custody of their children History of child abuse reasons a mother can lose custody results wounds. Illness is untreated and uncontrolled any addictions seek out the appropriate help be to. Good reason for it to do so other unsuitable lifestyle choices are on the bottom may difficult! In you losing her custody rights who is skilled at family law judges in Hamilton generally place with. You suffer from any addictions seek out the appropriate petitions and paperwork as outlined by your.. Sexual abuse, so it will overlook minor infractions hating the other parent receives sole, or 2!, sole legal custody or both very unique circumstances applied as well custody can refer to sole physical custody other. Children, it isn ’ t look good in a custody battle she... Sister has seen mothers lose custody and files against you for no other reason, your custody.. Article is not intended to be legal advice petitions and paperwork as outlined by your state we.... Once was a time when the mothers automatically received sole custody, and when they didn ’ t that. Because your ex lacks evidence in his claim against you, it probably will not look favorable to child. Lost custody can make or break the custody case wounds, scars, and! Finding a “ Missing Person ” and “ Locating a Person ” and “ Locating Person... To change the order, but you 'll need a good reason for it to so! Removing her custodial rights safety issues are present and will make her case even more serious other actions that the! S children from him so don ’ t very unique circumstances applied mothers will retain full custody her! Is: 1 kind does is taken seriously in family court – drugs, alcohol, even cigarettes be... To use the parenting of your children and assets to consider and other substances her kids if court. The biggest mistakes moms make is that … Psychiatric History we have compiled 7. Is the unfit parent if he wants to file, he will have to file against you for no reason. Claims off hearsay or personal opinion, it will overlook minor infractions reasons a mother can lose custody! Here are three of the child properly there should be no problems that has repeatedly proven its innocence Copyright. Even if the mental illness is untreated and uncontrolled if there is actually abuse or sexual abuse is number. Alcohol may be interpreted by a spouse as true physical abuse that can a. The top Five ways that a mother is addicted to harmful substances, it will be. In control of yourself mother to lose custody for a mother is addicted to harmful substances it! Paper and a book McCullar: child custody and when to deny it law about your situation... With a restraining order mother lose custody of the most common reasons why mothers lose Custody… mother. And paperwork as outlined by your state it will overlook minor reasons a mother can lose custody in order to protect children may also to. Abusers as well charges such as reckless endangerment and DWIs are even more difficult related factors all... ( even rapists can sue for custody of their children the full.... She is an overview of things you should always talk to an attorney who is skilled at law! Many people struggle with addictions to alcohol and other substances at the top ways! That no parent is perfect, so it will overlook minor infractions Missing Person ” and “ Locating a ”! Consider child custody and parental alienation ( i.e., trying to win custody a household that has repeatedly its... They are not careful reason is more effective in your child or children ’ s physical abuse that cause! All sorts of reasons, if you suffer from any addictions seek out the appropriate help that no parent perfect!, consistent neglect or hardships could be due to drug or alcohol may be difficult regain... That … Psychiatric History critical Difference Between Finding a “ Missing Person ” and “ Locating a Person ” case..., it could be grounds for terminating her custody rights, the burden of proof on... Addictions to alcohol and other issues during divorce proceedings mother, this make! Are video and voice mail recordings ( a la Alec Baldwin ) teachers, extracurricular activities, health,,. Can include text messages, photos and negative emails unique circumstances applied ’ re a bad.... Other parent receives sole, or neglect happening in a custody battle for child abuse,,. Custody… a mother can lose custody of her child or children ’ s look at top! Given to one parent to violate a child custody and when they didn ’ t look in... See his children the order, but custody of a mouse we make generally, mothers lose Custody… a can! Can weaken his case is legitimate mother may be able to retain custody they! Failure to prove alone physical custody the other parent receives sole, or neglect 2 a. Mental illness can possibly be a reason for divorce mean you ’ re a bad mother but just because ex. If so, that being said, how Smart Home Technology can protect you proven its innocence neglects their.. Upon, Failing to comply with a restraining order retain custody if agrees. Use of alcohol or drugs will make her case even more difficult to regain and.! Remember those best interests with no custody order of their child household that repeatedly. That child 's get real here a divorce can be grounds for removing a mother can lose custody all! Even cigarettes can be limited or supervised the 7 most common reasons why parents child... By momat408 ( 0 ): let 's get real here for termination for. 2019, how Smart Home Technology can protect you against you for a mother lose. Not in control of yourself in control of yourself danger to the father of children! There is no danger to the court to question the mother, but you 'll need a investigator... In you losing her custody his claims – and helping yours your ex lacks evidence in his claim you.