A lot of fathers believe there is an unfairness in favor of mothers when it comes to child custody cases. Certainly, people hear of the mother losing custody a whole lot more than the custodial parent (in spite of gender) losing custody of their child(ren). This way of thinking is very understandable, but the reality is typically different. Don’t forget, specific parental behavior, in spite of gender, can be the cause for that parent to lose custody of their child(ren).
There are 2 things to think about as you keep reading:
- This portion addresses severe acts of misbehavior created by the custodial mother that needs be the cause of her losing the custody of her child(ren). It isn’t, nevertheless, about how a father wanting custody should handle themselves or take part in a lawsuit that isn’t required and unreasonable.
- This portion is for fathers that have a objective of acquiring custody over their child(ren) but so far doesn’t have a plan prepared to obtain that objective. There is no question of the determination needed to go to litigation in cases of child custody. When you don’t have a plan to achieve your goal, it is little more than a pipe dream on the part of the father. You should seriously ask yourself: “Am I willing to go through with this and dedicate myself to the process and the outcome?” – If you’re not sure or the answer is an absolute “No” – you are squandering your time reading any more.
Nevertheless, if you have the skills, determination, and financial ability to head to family court and uncover the misbehavior of the mother towards the child(ren) and then make positive changes in their lives, by reading this you are in a ideal place to keep reading!
The Main Grounds for A Mother to Lose Custody of her Child(ren)
- The mother engaged in acts of physical abuse against the father or the child(ren).
- The mother engaged in acts of mental abuse towards the child(ren) and also includes acts and behaviors designed to encourage the idea of parental estrangement to the child(ren).
- The mother is neglectful towards the child(ren).
- The mother exhibits frustrations or acts in a way that creates custodial hindrance of a father’s parenting time.
- The mother is violating current orders enforced by the court.
How Can a Mother’s Physical Abuse Towards Her Child(ren) Cause Her to Lose Custody?
Undeniably, physical abuse are valid grounds for a mother to lose custody of her child(ren). Additionally, being the father, you could be found to be participating in child neglect if you don’t take suitable action and don’t hinder the continuing of said physical abuse. You have an obligation and a duty to take on the protection of your child(ren). In laymen’s terms, time cannot be allowed to be squandered and you should act without hesitation to remove your child(ren) from an environment that is physically abusive against them. A mother can (and often does) lose custody of her child(ren) in any of the ways detailed below. But take note, this is not a comprehensive or all-encompassing list.
- Law enforcement choosing to proceed with action after a report of physical abuse towards the child(ren).
- Social services (often called Child Protective Services or CPS) receives a report alleged physical abuse of a child(ren) and then opens up a case with the intention of investigating the allegations. CPS keeps the legal authority to physically remove a child(ren) from a home where they question or have evidence of a child(ren) being the victims of physical abuse and they typically offer custody, although on a brief and short-lived basis to other members of the family or the non-abusive parent. A lot of the time, this is the basis towards what is called a “dependency” court action.
- The father heads to a family court and files what is known as a “request for order.” This procedure notifies the court of the physical abuse being carried out by the mother against the child(ren). In typical cases the order requests the court to decide granting sole physical and legal custody of the child(ren) to the father with the mother receiving visitation that is fittingly monitored.
The Mother’s Physical Abuse Against the Father
If the mother has engaged in acts of physical abuse to the father in the subsequent ways, she could lose the custody of her child(ren):
- If law enforcement arrests the mother for domestic violence, the father may get an “emergency protective order.” In many cases, a criminal law judge issues a criminal protective order while the mother faces prosecution by the city attorney or DA. When the father files with the family court, he may request sole physical and legal custody, along with a domestic violence restraining order that could include supervised visitation conditions for the mother.
Can Emotional Abuse Committed By the Mother of Her Child(ren) Reason for Her to Lose Custody?
The following are some of the most frequent types of emotional abuse that can be inflicted by a mother towards a father or a child(ren). To reiterate, this list is not comprehensive or all-encompassing:
- Verbal abuse from the mother intended towards a child(ren). Typically, in the form of disdain, scornful or badgering and usually by the means of yelling at the child(ren) for grounds that cannot be rationally explained.
- The mother persisting to cordon off the father in the minds of a child(ren) by using what is called parental alienation.
- Even though its very challenging to provide compelling evidence to back up…the declaration of emotional or loving encouragement is being taken away or has been taken away from the child(ren).
- Physical and/or emotional abuse of siblings or of the father. If a mother exposes a child to the above-mentioned abuse, these are justifiable and suitable grounds that the mother might lose custody of the child(ren) because of her actions.
How Significant Does Neglect Have to Get for a Mother to Lose Custody of Her Child(ren)?
Significant neglect is unquestionably a correct, appropriate and legitimate grounds for a mother to lose custody of her child(ren). Clearly, parenting isn’t a seamless process and even the stringent of family law judge welcomes that fact and that parents might make accidental mistakes. Nevertheless, making mistakes is a lot different from a parent practicing poor judgment consistently during the lives of their child(ren). When a mother chooses to significantly neglect the safeguarding, the well-being, overall health, and education of her child(ren) it is very clear these failures of duty should be justifiable for the mother to lose custody of her child(ren).
Could A Mother Lose Custody of Her Child(ren) Because of the Irritation Of Parenting Time?
- It signifies disrespect and for the self-respect of the father and his role in the life of the child(ren) when a mother consistently impedes the parenting time of the father.
- It exhibits a refusal or incompetence to co-parent.
- There’s a suggestion that the mother may engage in harmful behaviors affecting the father and the child(ren). If not addressed early, the next step is often inducing parental alienation, further separating the father from his child(ren) both physically and emotionally.
When A Mother Is In Violation A Court Order, Is This Cause For Her To Lose Custody Of Her Child(ren)?
Another kind of misbehavior is when court orders are violated. As one would think, the severeness of the violation that was committed should mirror the severeness of any resulting outcomes. If a mother is occasionally a few minutes late for drop-offs or pickups, it’s unlikely to alter the custody arrangement. However, if a mother views the court’s parenting time recommendation as a mere suggestion and not a court order, it signifies a serious violation. This could lead to a significant consequence, potentially transferring custody to the father.
What actions must one take to remove a child from the custody of their mother?
This is subject to whether the father currently has a child custody order established.
When Married Parents Don’t Have A Child Custody Order Established
If the father is still married to the mother and no divorce papers have been filed – the father has to make a decision in regard to the current situation. His options include:
- Commence and file formal divorce papers.
- Begin the legal separation process.
- The father should talk with an attorney involved in family law should the misbehavior of the mother continue. Jointly, the father and the family law attorney can examine the circumstances and look for further options.
If Unmarried Parents Don’t Have A Child Custody Order In Place
If Parents Have A Custody Order In Place
In this situation, a father can have a number of options. Please note this is not a comprehensive or all-encompassing list.
- If the father and the children’s mother have a disagreement, they might try to solve it without involving the court. If there’s proof of a violation, they may aim to work things out privately.
- The father might file a contempt order to show the court that the mother’s actions broke the current court orders.
- The father may decide to ask the court for more time with the children or changes to the custody order. The mother’s violations’ seriousness greatly influences the father’s decision, whether for sole physical or legal custody.
Does The Custody Order Come From A Judgment?
The choices aforementioned are relevant if the father has a custody order after a final judgment. When a father seeks a modification in legal custody in parenting time, he must justify the child’s best interests. This becomes especially important if the mother’s behavior is seriously harmful, making a case for why she should lose custody.
If fathers face irrational or hostile behavior from mothers while earnestly fulfilling their responsibilities, seeking court intervention is crucial. The well-being of your child is undoubtedly worth the effort. Not taking action could expose them to a harmful environment, impacting their present and future lives negatively.
Group, W., & Canterbury Law Group. (2020, January 07). Can A Mother Lose Custody Of Her Child? CLG. Retrieved December 16, 2020, from https://canterburylawgroup.com/can-a-mother-lose-custody-of-her-child/
Speak With Our Child Custody Attorney In Scottsdale
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