You may have already gone to court and established custody agreements for your child, yet, you might lose custody in some situations. If you are a mother and surely want to win a custody battle, you must know about the circumstances.
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Losing custody of a child usually means loss of joint or physical custody. In some cases, visitation can be limited or supervised, if you need the help of an experienced lawyer.
So, that being said, how can a mother lose a custody battle? Well, in this article, we have compiled the 7 most common reasons for happening so. Let’s get to know them in detail.
7 Reasons How a Mother Can Lose Custody Battle?
Court Order Violation
Will violating a custody court order significantly play a role in losing custody of a child? Well, yes, this is a proper reason to lose a custody battle. Even any violation of court order will ground for removing a mother’s custodial rights.
Some common types of violations may include,
- Keeping the child with the mother for a longer visit than the visitation order
- Showing indifference about informing the other parent about the child’s whereabouts
- Any form of abusing
- Denying the other parent their visitation rights or custody
- Failing to care for the children as instructed and agreed upon
- Taking the child for a long trip without asking for approval
It is advisable to ignore any of the violations, it will help you to move forward safely.
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Addiction or Abuse of Substances
Courts will take this very seriously when substance abuse- in the form of illegal drugs or alcohol- that truly hinders a mother’s capability to take care of her child’s wellbeing. So, the fact is, if a mother is addicted to alcohol or drugs, likely, she is not parenting effectively. The result will be worse if it involves physical, psychological, or sexual abuse or the engagement of the child’s life (such as drunk driving).
Moreover, the judge can require that the visitation remain limited or supervised until the mother will take part in a counseling or rehabilitation program.
Physical Abuse on Children
Child abuse doesn’t have to be extreme for a mother to lose a custody battle. In general, any activity or behavior that threatens a child’s physical wellbeing is considered abuse. People may assume that mothers are less likely to abuse physically.
However, if a mother has been hurting the child (e.g., hitting, kicking, biting, burning, scratching, or any sort of abuse), her ex has every right to file against her. For example, her ex can request a court investigation (with the help of a lawyer) to delve into his claims and award sole custody of the child to him.
If it leads to filing a police report against the mother, it will be a disaster. Moreover, these situations might reflect on fathers who used to know about the abuse but failed to report it on time.
‘Child neglect’ is the form of abuse that generally results from a failure to act. When a mother has custody of her child, she is responsible for making sure that a responsible adult supervises the child, appropriately clothed, reasonably clean, well-fed, being educated, and meeting all the necessities of life.
If the mother is not able to do all of these things, she is likely to lose custody of the child. Moreover, she has to ensure that she is not leaving a young child home alone (thinking that the child can take care of himself/herself), it is an indirect expression of negligence.
Interfering with the Parenting time of Father
Like some of the other reasons to lose custody of a child, interfering with the parenting time of a father is enough depending on the nature and extent of it. When the father has partial custody of the child, the mother cannot always interfere with his visitation rights.
This behavior may include:
- Refusing to take something the children from their father
- Making the father’s visitation difficult
- Continuously arranging new trips or other activities that will keep the children away from their father
- Convincing the children to keep away from their father
In case a father keeps detailed records about each time the mother interferes with his visitation rights, these records can be used against her in court.
Read Also: What does Child Support Covers in Canada?
Imagine a scene where a couple has agreed to co-parent their children, turns out, the children are suffering while they are in touch with their mother. In such a case, the father can file to remove her custodial rights.
If the situation is a bit different such as a father does not like the way, his ex allows the child to dress. In contrast, the child is under her care, this kind of disapproval will not be enough to consider removing her custodial rights.
But in case, the lack of rules at the mother’s place encourages the children to cut a sorry figure in the exams, this type of ramification will cause the mother to lose her custodial rights.
Emotional Abuse on Children
Though emotional abuse will be harder to prove in court, yet it can play an active role in grounds for the removal of custodial rights from a mother. Continuously belittling or harassing a child will be considered grounds for termination. In case, physical abuse will be added to this, and the result will be even worse.
Parental alienation (telling a child to manipulate a child to hate its other parent) is also included in emotional abuse on children. If a mother tells her children that the other parent doesn’t love them or is the wrong person, this will emotionally torture them.
Suggestions to Help You Make a Better Case
As a contended energetic mother trying to keep her children with her, you want to guarantee you are not at real fault for any of the previously mentioned grounds that could lead you to lose authority. In any case, being a praiseworthy mother doesn’t mean you’ll be insusceptible to your ex’s endeavors to battle for guardianship.
Beneficial thing, however, the weight of evidence is on him. Also on the off chance that he is battling for guardianship in a spirit of meanness, he might wind up subverting his own cases and assisting you with building your case.
To guarantee you are outfitted with significant information, know about these elements that can debilitate the other parent’s argument against you during a custody battle:
- Being excessively passionate or rough: On the off chance that your children’s dad over and over reviles or takes part in irate rants against you, or more regrettable, can’t handle his annoyance during procedures when he records an authority guarantee, he’ll cause himself more harm. Assuming you track these explosions and you have observers to back you up, the court would scrutinize his wellness to be a parent. This can debilitate his argument against you fundamentally.
- More than once documenting objections: Your ex could depend on documenting arguments against you just to stretch you or upset your life. Be that as it may, this will not be lost on the police or the courts, as examinations will be directed at whatever point he documents a case. On the off chance that every one of the cases he records winds up getting excused for the absence of proof, it could dissolve your ex’s validity.
- Not having the option to give adequate confirmation to back his cases: Once more, difficulties to guardianship plans require the one making a case to give satisfactory proof. On the off chance that your ex is over and over unfit to give the essential records, police or court reports, or to document the desk work expected to show the authenticity of his cases, the court could simply overlook his solicitation.
Nonetheless, you ought to keep in mind your ex and should be ready to shield your right to authority. For this reason, it is vital to have legitimate counsel who can give you the direction you want.
Collaborating with an accomplished family lawyer can give you the certainty that somebody is minding the authenticity of your ex’s cases and the adequacy of the desk work they are giving the court, assuming it at any point ends up like that.
So, that’s all we stored for you. Remember, if a mother is abusing her children, alienating their father from them, neglecting them, or anything, including making the situation unfair, the father has each right to pursue custody of the children and he has the right to win custody case.
Nevertheless, if things are great and a mother isn’t engaged in any of these actions, she doesn’t need to fear losing custody of her children as their mother.
Frequently Asked Questions
What would cause a mother to lose custody of her child?
If a mother has a history of abusing her child physically or psychologically, the court will consider herself incapable of having custody of her children. Inability to provide proper care, support or guidance also proves a mother unfit to lose her custody battle.
What are the grounds for full custody of a child?
To have full custody, one parent should prove another parent cannot take care of the children. The court also considers if the child is at risk under the respective parent. Most importantly, the parent with the more potential capability to raise a child has the stronger ground for full child custody.
How do fathers win custody battles?
The strongest point for a father to win a custody battle is the relationship with children. Next comes how much he is aware of the needs of his child and his ability to fulfill them. Though it is not easy for a father, yet in this case, these 2 strong points may turn the judgment in his favor.
What can make someone lose a custody battle?
There are several reasons one may lose custody battles. That includes physical or mental abuse, negligence, court order violation, etc. Even any bad habit of a parent, such as addiction to harmful substances, may impact that parent’s interest.
How to get child custody without a lawyer?
To take a step without a lawyer for your child custody, think about how confident you are about representing yourself. Contact nearby legal aid organizations that will help you with their experience and knowledge. Research, note down your strengths and prepare how to present them in front of the court. Do your paperwork, be ready for the upcoming challenges. Remember, you are now your lawyer. Know what to do, what not to, when and when not.