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how can a mother lose custody of her child

Here are seven of the most common reasons mothers lose custody of their children: 1. Contact her office today for a free consultation. A family law judges considers the following eight factors to determine if a parent should be awarded visitation with a child. Your trusted divorce lawyer in Columbus OH. A parent can show they are rehabilitated by providing proof of substance abuse therapy, attendance at Alcoholics Anonymous or Narcotics Anonymous, counseling, and clean drug or alcohol test results. A very common reason to lose custody of a child is child abuse. The statues provide no guidance for what constitutes “appropriate parenting time”, and this is a frequent spark of litigation. We pride ourselves on being available to provide you with thorough, prompt and diligent service while handling your case. Good moms lose custody for all sorts of reasons. Some people assume that women are less likely to be physical abusers. If a parent is suffering from a mental disorder that puts the child at risk of harm or neglect, that parent may lose custody. Ohio courts gather a variety of information to determine what that “best interest” includes. © 2020 Katherine K. Wagner, Attorney at Law. This field is for validation purposes and should be left unchanged. This law firm website and legal marketing are managed by MileMark Media. Also, a parent who violates court orders, relating to the divorce or not, or who engages in criminal activity will lose custody. Failure of a parent to comply with the court’s orders can lead to permanent termination of parental rights. A risk assessment will be performed by the county probation office if a parent is alleged to be unfit. In addition, visitation may become limited or supervised. If the parent was never a primary caretaker, the judge will consider the eight factors and render a decision by the totality of circumstances. Can I Change Child Custody Without Going to Court? We are available throughout the week and a voice-mail message can be left 24-hours a day. Here are three of the most common that we see: 1. The child lives with both parents, and both have the ability to make decisions about their child’s welfare. A family law judge in New Jersey will determine what is in the best interests of the child in awarding custody to either or both parents. Drug use and possession creates an unsafe environment for the child and can deem the mother unfit. Not addressing alcohol, drugs, or other parental fitness issues: A parent who even casually partakes … Verbal abuse of child or of the co-parent in front of the child, Physical or emotional abuse of the co-parent in front of child, Is consistently dirty and/or has body odor. Physical Abuse Against a Child or Ex You will receive a prompt return call. Abuse of any form is unacceptable and will automatically compel the court to grant custody to someone else. For example, if the custodial parent moves out of state without letting the court or the co-parent know, this is a serious violation of the child custody order that can result in loss of custody. This is especially true if the drug or substance abuse puts the child’s life at risk (like through drunk driving). A person who lost custody due to one of the five factors above can apply for visitation, however, that parent must show that he or she has been rehabilitated to prevail. New Jersey Lawyer to Help with Divorce Over Stepchild, Intentional and Unintentional Parental Alienation Syndrome (PAS), Custody Options in a Co-Parenting Environment, NJ Custody Laws for Unmarried Parents: A Guide. It could also result in termination of all parental rights i the parent is convicted of a crime against the child. All rights reserved. Rather, the court will weigh the best interests of the child with the parent’s right to parent that child. If the family has multiple children it is possible that the court could split them between the parents. If you fear that your child is in immediate danger in the care of your co-parent, you and your attorney can appear before the judge to request an emergency custody order. A parent found to be abusive can not only lose custody, but also the right to visitation (also called parenting time). If a parent is convicted for a crime against his or her child, he or she will lose custody. Under the Supervised Visitation Program, a person is appointed by the court to supervise parent-child visits, which are held at a public facility like the courthouse. Even so, a judge may order supervised visitation to ensure that the child is not put at risk. Whether the violence is against the child or someone else doesn’t matter. This kind of abuse is much harder to … In New Jersey, custody can be summarized by these three possible arrangements: Joint, Split, and Sole Custody. This is especially true if the drug or substance abuse puts the child’s life at risk (like through drunk driving). Parenting time (also called visitation) may be equal or primarily to one parent. Drug use and possession creates an unsafe environment for the child and can deem the mother unfit. It is the mother’s job to protect her child, and allowing someone to stay in the home who is violent is not doing so. Some of the factors they’ll consider are the: When a parent requests sole custody, the court will sometimes follow the “better parent” standard. The Law Offices of Kenneth R. Kline LLC is honored to work with both traditional and non-traditional families to assist them through extraordinarily difficult times. While it’s always important to appreciate the military for their service to the country, … This goes for anyone living under the same roof as the mother, too. Before considering these factors, a judge first considers whether the parent was ever a primary caretaker of the child. Conviction for murder, manslaughter, or aggravated manslaughter of a child – and aiding and abetting , conspiring, or soliciting someone to commit these crimes – will also result in loss of custody of the surviving children, not to mention termination of parental rights. Please contact us with any questions. After all, the best interests of the child are at stake. In contested custody cases the Court will often appoint a Guardian Ad Litem to represent the interests of the child(ren), conduct an investigation and file a written recommendation with the Court. While an addict or alcoholic parent may not lose their parental rights entirely, it is likely that their parenting time will be supervised only. For example, if another family member residing in the home is abusive towards the child, and the mother doesn’t remove that person from the home, she could lose custody. Remember: Among married couples, fathers and mothers have the same rights for child custody regardless of their genders — at least until there is a court order that maintains otherwise. That means fathers have just as much of a chance of gaining custody as the mother. Child abuse is the number one reason to lose custody of a child. Losing custody of a child generally means loss of joint legal and/or physical custody. 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. More specifically, a parent may be deemed unfit if he or she has been abusive, neglectful, or failed to provide proper care for the child. Contact her office today for a free consultation. Read on to find out the top five ways a mother, or father, can lose custody of their child. The joint custody agreement must provide for the ways and means that the parents consult with one another regarding important decisions about their child’s welfare. Even if she is alienating her child because of abuse or neglect from the other parent, this can actually backfire. The relationship between child and parent. COPYRIGHT 2020 The Law Offices of KENNETH R. KLINE, LLC. Allocation of Parental Rights and Responsibilities, Children Services (representation of parents/family), Wishes of the child’s parents regarding his care, Child’s interaction and interrelationship with his parents and anyone else who may have a direct impact on care, as well as the child’s preferences (primarily if the child is over age 12), Child’s adjustment to their home, school, and community. And yes, women can be abusers as well. Physical and Legal Custody are often shared. Any kind of violence in the home is a negative factor when the court is deciding who should have custody of the child. The reality is that some people just aren’t fit to be parents. Five Ways a Mother Can Lose Custody of Her Child, factors to determine if a parent should be awarded visitation. Any or all of the following are considered: This applies not only to physical abuse, but to emotional or mental abuse. Because of this, there are certain factors that can make one parent look worse than the other, including the below: One of the main ways mothers often lose custody of their child(ren) is by breaking the law — usually through drug use and possession. Parents who don’t cooperate in this process can and do lose custody of their children. Attorney specializing in family law. The court will see this as a risk to the child’s well-being. This applies not only to physical … If a parent violates the custody order, this can result in loss of custody if the violation is serious or pervasive enough. We see: 1 left 24-hours a day the abusive Co-Parent can go to the court s... Not put at risk of suffering emotional, psychological, or physical harm number reason! “ best interest ” includes has legal custody even if their child when the court claim... 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