how can a mother lose custody of her child uk

A judge could think that he is the unfit parent if he threatens or yells at you. Then, the mother will only retain visitation rights under professional monitoring. If a mother is abusing her children, neglecting them, alienating their father from them, or putting their lives in danger, the father has every right to modify their existing custody agreement or pursue custody of his children. You do not need to do anything until the court contacts you, but talking with a lawyer if you suspect your ex is going to file can help protect your children and provide valuable insights on the viability of your case. Rarely, couples decide to stay married, but custody of the children is given to one parent. One of the surprising things that can count against a parent trying to gain custody of their children is where they live. The father requests sole physical custody and sole legal custody when filing with the family a court a domestic violence restraining order petition that will most likely include terms for supervised levels of visitation for the mother of the child or children. When this issue is not addressed at the outset, the next step the mother often takes is actively causing parental alienation, further separating the physical and emotional bonds a father has with his child or children. This should not be a struggle if the misconduct and poor behavior of the mother of the child or children is of a serious nature to give reason the mother should lose custody of the child or children. Our Father’s Rights, child custody, and guardianship attorneys in Phoenix and Scottsdale address your case with concern and personal attention, and always have you and your children’s best interest in mind when offering legal solutions. This happens when the mother is going to be prosecuted by the city attorney or the district attorney. If Child Protective Services or a police report is filed against the mother, this will make her case even more difficult. When the father is still married to the mother and no divorce has been filed – the father has to make a determination regarding the current situation. This result is especially true if it involves physical, sexual, or emotional abuse, or the endangerment of the children’s lives (e.g., drunk driving). A father can attempt to show cause against the mother by the filing of a contempt order with the purpose of providing evidence that Mother’s conduct violated existing court orders. To not act, risks your child or children being further exposed to a destructive, unhealthy or unsafe environment that may have a negative and lasting impact on their current and future lives. This can include a neighborhood that is prone to crime. If your ex lacks evidence in his claim against you, it probably will not result in you losing her custody rights. This outlook is very understandable, and you can be forgiven for thinking the road to obtaining custody is long and fraught with pitfalls…but the reality is usually different. One common myth is that the courts favor mothers when determining child custody, but this has consistently proven to be a misconception. Even if you are a mother who is awarded custody of your children, it’s possible for your ex to reverse the court’s decision and revoke your rights to custody based on certain circumstances – at any time. A report of the physical abuse to the proper law enforcement, who then takes action, A report to social services, sometimes called child protective services, who … These factors are even more critical if her children are young and impressionable. By educating yourself about the common reasons why mothers lose custody, you can avoid costly litigation and keep your children safe. A parent who lives in a place that might be risky for the kids might have that held against him or her when it comes to custody. Few judges will believe that there is actually abuse or neglect happening in a household that has repeatedly proven its innocence. The last reason a mother can lose custody of her child or children is by not being the primary caretaker or not being involved in her children’s lives prior to the divorce or custody hearing. A father may make a determination he wishes the court to seek a parenting time or modification of child custody order. They include: If your ex files a lot of complaints against you or asks the court or the  police to conduct an investigation that consistently results in lack of evidence, he’s going to lose his credibility. In fact, the court awards child custody to a substantial percentage of fathers each year, and this percentage is predicted to increase as efforts toward parental equality continue. If he acts on these emotions and files against you for no other reason, your custody rights are safe. This also extends to him filing the correct paperwork; if he fails to comply with any of the mandates set forth by your state’s laws, he could be forfeiting his case. CPS retains the legal powers to physically remove a child or children from a home where they suspect or have evidence of a child or children have been the victims of physical abuse and they often provide custody, albeit on a short-term and temporary basis to other family members or the non-abusive parent. This is dependent on whether the father already has a child custody order in place. Even if you and your ex have agreed to a court-ordered custody agreement, it can be modified or appealed based on the reasons above. This kind of abuse is much harder to prove in court, but it can be effective grounds for the removal of custodial rights from a mother. If a mother is addicted to harmful substances, it will probably be grounds for terminating her custody. While many of these reasons may sound like common sense, hundreds of mothers have their rights revoked every year due to one of these infractions. There is no doubt the life and wellbeing of your child and/or children are fully worth your effort and time. Please contact Canterbury Law Group today to learn more about your personal legal needs. All Rights Reserved. It is important to note that inconsistent or minor neglect (e.g., forgetting to pick them up a couple of times or not preparing lunch one day) is not usually grounds for a loss of custody. However, a mistake is very different from a parent exercising poor judgment on a consistent basis throughout the lives of their child or children. Unquestionably, physical abuse is a valid basis for a mother to lose custody of her child or children. When you lack a plan to achieve a goal, it is little more than wishful thinking on the part of the father. You have to seriously ask yourself:  “Am I willing to follow through on this and commit to the process and the results?” – If you are unsure or the answer is a resolute “No” – you are wasting your time reading further. We are experienced family law attorneys and will work with you to obtain the best possible outcome in your situation. A mother can lose custody of her children if she does not take steps to protect them after they have been abused by her spouse or partner. Normally this means the father will obtain from the police an “emergency protective order” and in some cases the criminal law judge will issue what is called a criminal protective order. Good moms lose custody for all sorts of reasons. However, the more common approach is to use the parenting of your children as a reason for divorce. Be sure that you are not leaving a young child home alone, that they are bathing regularly, wearing …

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