When it comes to the process of divorce or separation from an individual with whom you share a child, addressing the issue of child custody is often a complicated matter. Further, because every custody situation is different, there are numerous different forms of child custody that may be ordered.
As a legal term, child custody refers to the legal and practical relationship between a child and their divorced parent or legal custodian. It is important to note that the laws concerning child custody will vary by state. As such, it is important to consult your particular state’s custody laws.
A mother that has legal custody over their child will be able to make important decisions regarding that child’s upbringing. Examples of important decisions that a mother with legal custody possesses, include:
- The right to make educational decisions for their child, such as what type of school they go to, what type of courses the child should take, and other educational choices
- The right to make religious decisions regarding what religion to raise her child in, if any
- The right to make legal decisions on behalf of their child, such as whether or not to enter into certain legal contracts on behalf of her child or represent her child in a lawsuit
- The right to make medical decisions for their child, such as whether or not her child should undergo invasive and noninvasive procedures
- The right to make decisions regarding the psychiatric treatment for her child
It is important to note that every state will always adhere to the child’s best interest standard when making child custody decisions. This means that all child custody laws will place the child’s interests and backgrounds above the parent’s personal preferences when determining whom to grant custody to.
Although there is a general presumption that a child should spend time with both parents, that presumption can be rebutted by any party involved in a custody case. There are some situations in which a court may determine that it is in a child’s best interest for one parent to have full or sole custody of a child or children.
The following article explores the grounds and situations that may warrant a mother losing custody of her child, as well as the process for another party obtaining full or sole custody of a child.
What Are Common Grounds for a Mother to Lose Custody of a Child?
Once again, the exact laws and grounds for a mother losing custody of a child will be dependent on the laws of your state. However, there are many common grounds and situations that could arise to a court revoking a mother’s custody rights over their child or children. The following is a summary of common grounds for a mother to lose custody of a child
Evidence of Child Abuse
The term child abuse refers to the intentional physical, mental, and/or sexual abuse of a minor. Abuse can also occur when a child’s parent or guardian creates a substantial risk of injury for the child.
Importantly, each state has their own laws regarding and prohibiting child abuse, as well as the age considered to be a minor child. Additionally, some states define a minor as a child under the age of eighteen, while others define a minor as a child under the age of sixteen.
Regardless of age, if a child suffers abuse by their mother, the court may take action and terminate or otherwise limit the mother’s custodial rights. In cases of abuse, a judge may impose a limitation of parental rights through a restraining or protective order. Restraining or protective orders are intended to prevent the abuser from coming in contact with the child they have abused.
Family courts may also place the child in protective custody with the state, or require court supervised visits between the parent and child. Courts may also simply terminate one parent’s custodial rights, and grant sole physical and legal custody of the child to the other parent.
Domestic Abuse
Almost every court agrees that a child being exposed to any form of familial violence isn’t in the best interests of a child. As such, evidence of domestic abuse in the household may be used by the court as grounds for the abuser losing custody.
If the physical abuser in the household is the mother of the child, then the court may limit her contact with the children to supervised visitation, or terminate her custodial rights outright. As far as what constitutes domestic abuse, hitting, slapping, choking or threatening a partner may all constitute domestic abuse.
The court will consider all evidence of domestic abuse when deciding where and with whom a child should reside with. In many states, when one parent has a history of committing domestic violence, before being granted any form of child custody, that individual may be required to attend counseling or parent classes.
Substance Abuse
Evidence of substance abuse may also be a significant factor in terminating a mother’s parental and custodial rights. Once again, under the child’s best interest standard, if a parent’s substance abuse endangers the child’s physical or emotional well-being, the court can limit or terminate custodial rights.
In general, a court will typically begin by limiting the parent’s interactions with the child and requiring them to undergo substance abuse programs. Then, if the parent fails to comply with court-ordered treatment plans for substance abuse, they can have their custodial rights terminated.
Evidence of Child Neglect
In addition to child abuse, child neglect may be another reason for limiting or terminating a mother’s custodial rights to their child or children. Child neglect is a term used to describe when a parent doesn’t provide for their child’s needs.
The difference between abuse and neglect is that abuse intentionally causes harm to a child, whereas neglect can occur accidentally. In order for an adult to be found liable for child neglect, there must be proof that the parent has failed to provide for the child that is consistent with their state’s requirements.
It is important to note that each state has differing laws and requirements regarding what constitutes child neglect. For example, many states have educational neglect laws that include educational neglect in the definition of child neglect or abuse. When a court determines a parent has neglected a child, they may restrict or terminate the adult neglector’s custodial rights.
Violation of Custody Orders
Disobeying court orders related to custody or visitation can negatively impact an individual’s custody rights. As such, evidence of a mother violating a current custody order may be used to restrict or terminate her custodial rights by the court or any other party with custody rights.
For example, if either parent has violated the existing child custody order to an extent where it is not in the child’s best interest to have continued contact with that parent, the court may step in and limit that parent’s contact.
Further, if there is evidence that the mother has a documented history of removing and secreting their shared child from the other parent, that may also result in them losing custody. The act of removing or secreting a child under a custody order is known as child abduction or kidnapping, and can serve as grounds for awarding the other parent full custody. Additionally, if a parent kidnaps there child, whether domestically or internationally, they may also be criminally punished for their actions
Are There Any Defenses to Alleged Child Abuse?
In some situations there may be legal defenses to alleged instances of child abuse as a grounds for terminating a mother’s custodial rights to their child. As noted above, child abuse is a serious allegation and carries heavy legal penalties, including a loss of custodial rights.
However, depending on the specific circumstances and state law, there are a few situations in which a person accused of child abuse can assert a legal defense to the allegations. These legal defenses include:
- False Child Abuse Claim: When a person files a false child abuse claim with their state’s child protection agency, if the claim is false or does not fall under the legal definition of child abuse for the state, the mother may assert that as a legal defense
- Lack of Evidence: Accusations of child abuse must always be supported by evidence, such as witness testimony in the form of sworn affidavits or marks on the child’s body indicating physical abuse
- No Causation: In order to have custodial rights revoked, a person must be the direct cause of a child’s injuries. As such, if the injuries are a result of an accident or some other cause, that may be a defense
- Parental Right to Discipline: Depending on state laws, parents may have the right to discipline their child using methods that may be considered child abuse in other states.
- It is important to note that a parent’s right to use physical discipline is allowed only up to a certain extent
False claims of child abuse are often considered to be a frivolous legal claim, or an abuse of the judicial system. As such, false claims will have their own legal consequences, such as civil lawsuits or fines against the filer of the false claims. In the case of false claims, a mother cannot lose custody of her child.
Do I Need a Lawyer for Help With Losing Custody of a Child?
If you are facing any action that is threatening to limit, restrict, or terminate your parental rights as a mother, then it is in your best interests to immediately consult with an experienced child custody lawyer.
LegalMatch can assist you with locating and setting up an initial consultation with an experienced child custody attorney in your area. An attorney can help you understand your state’s specific laws regarding child custody, including the grounds in which you may lose custody of your child or children.
An attorney can also help you face any allegations of child abuse and neglect, and ensure that your parental rights are protected throughout any legal proceeding. Finally, a custody lawyer can also represent you at any court proceeding, as needed.
