How Can a Mother Lose Custody of Her Child?

bpi-admin • Oct 05, 2021

Dealing with child custody is never easy, but when it comes to your children, ensuring they are in the proper and safe environment is critical. In some cases, changing custody arrangements may be in the child’s best interest, but it can sometimes be hard for a court to change their decision without proper evidence. That is where a child custody investigation can help find the evidence you need to plead your case. Before requesting a child custody investigation, it is essential to understand how can a mother lose custody of her child?

Abuse

Abuse, both physical and psychological, can be grounds for a mother losing custody of her child. Abuse is a severe crime that can result in a loss of custody and criminal charges as well. While physical abuse such as hitting, kicking, or biting can be easier to detect, sexual abuse and psychological abuse can be more difficult. 

Psychological abuse often takes the form of verbal and emotional abuse that makes the child feel worthless, ridiculed, threatened, isolated, or exploited. 

Neglect

Serious neglect of a child is another major reason to have custody of a child removed from the mother, resulting in possible criminal charges. It is a parent’s responsibility to provide for their child’s needs, such as food, shelter, health, supervision, and education. Failure to provide these forms of care can result in charges of neglect. It is important to remember minor offenses, such as being late picking up a child, do not constitute neglect.

Alcohol or Drug Abuse

An environment where drugs and alcohol are present is not a proper environment for children. If a mother suffers from an addiction, it will limit her fitness or ability to take care of her children. It also puts children at higher risk of abuse and neglect, or a court may argue may cause them to pick up similar bad habits. If it is suspected that a mother has an addiction, she may be required to undergo drug testing and risk loss of custody if the test is positive. 

Domestic Violence

Domestic violence of any kind in a home may warrant a child’s removal. Even if the designated child is not suffering from the abuse, a child may be removed if anyone in the household is being abused. No child should be exposed to violence or abuse, even if it is not inflicted on them. This could eventually lead to emotional damage.

Fabricating Abuse Lies

When separations are acrimonious, it is not uncommon for false allegations to fly around. Since abuse allegations are extremely serious, lying about them is just as severe. If a mother is found to have made false allegations of abuse against the other parent, or it has been discovered that she used her children to deceive those investigating a false allegation, she can lose custody of her children. 

Severe Mental Health Concerns

While having a controlled mild to moderate mental health concern is not likely to cause a parent to lose custody, one that is considered severe enough to affect the parent’s ability to properly care for themselves or their children can cause custody to be revoked. If a mother is found to have a condition that can put her child at serious risk, she may be required to undergo testing and counseling to see if she should still be allowed to retain custody. 

Alienation

Courts encourage children to maintain regular contact with both parents. Parental alienation occurs by withholding children from the other parent or attempting to damage the reputation of the other parent in the eyes of the child. For example, suppose a mother was to schedule things to consistently interfere with the father’s visitation schedule or make comments about the father, turning the children against them. In that case, they could be guilty of parental alienation and lose custody of their child. 

Violating Orders

Any violation of a court order can result in a mother losing custody of their child. This could include anything from failing to comply with the court-ordered visitation times to refusing to take a court-ordered drug test or evaluation. Any court-order violations should be recorded and reported to the court. Understanding how a mother can lose custody of her child is important if you feel that your custody arrangements should be altered for the benefit of your children. If you are unsure of any violations, a child custody investigation can help you get to the truth and provide you with the evidence you need to go forward with your case. Contact Barefoot Professional Investigations today to find out more.

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