How Can A Mother Lose A Custody Battle?
Fathers are better prepared nowadays to win sole custody of their children than ever before. Below, are five common factors that can cause a mother to lose custody.
It’s no secret that neglect of the child’s welfare is a glaring indication that a mother does not have the capacity to raise the child in the best manner. Either inconsistency or failure to provide basic needs, such as food, shelter, healthcare, clothing, or education, can be grounds for losing custody.
Sometimes, minor mishaps will be overlooked, but if neglect occurs, it may spur a reconsideration of the custodial agreement entirely.
Violence toward children comes in many forms, including physical, emotional, psychological, and sexual abuse. Here are a few specific details on each form of abuse:
- Physical abuse: Excessive beating, hitting, kicking, and punching.
- Emotional/psychological abuse: Typically caused by verbal treatments and other abuse types.
- Sexual abuse: Involving any form of sexual contact between mother and child.
Substance abuse undoubtedly reflects poorly on the mother’s ability to create a healthy environment for a child. Excessive use of any substance and/or alcohol is often linked to domestic violence. Substance abuse often suggests the mother does not have the ideal disposition of being a caring and nurturing role model.
Court Order Violation
Violating a court order involves all of the other factors outlined here that may call for a change in the custody arrangement. Any nonconforming behavior displayed by the mother shows the inability to properly care for the child. The court may transfer custody to a more competent parent or guardian at this time.
If the mother chooses to take her child without permission from the other parent, the court has the right to consider this an abduction. Even if the child consents or is unharmed, this is still against any custodial agreement. Doing this can make a mother appear unfavorable, which could result in losing custody.
Types Of Child Custody
Let’s take a look at all of the different forms of child custody arrangements.
Legal custody refers to the situation in which one or both parents are accountable for the child’s upbringing, including the following:
- Where they will attend school and access other educational resources.
- Participation in any extracurricular activities.
- Health care, which includes vaccinations and mental health care.
- Religious instruction/practices.
SOLE LEGAL CUSTODY
When you have sole legal custody of your children, you can legally make all child-related decisions without consulting the other parent. If you want sole legal custody, though, you will have to convince the judge that this situation is in the children’s best interests. You could have a case for sole legal custody if:
- One parent is unfit to make wise decisions regarding the children due to mental illness or untreated substance abuse.
- One parent does not take an interest in the children’s lives.
- One parent is abusive.
- Hostility/fighting between parents makes it hard for a joint custody agreement to work.
Also known as joint legal custody or joint physical custody, this kind of custody necessitates the submission of a parenting plan to the judge by both parents. In most states, the custody situation is the default immediately following a divorce.
If you and your spouse work out a parenting agreement prior to or during the divorce process, you can include details on how you will communicate with each other during decisions made regarding the child’s best interest.
Unfortunately, joint custody can sometimes lead to post-divorce battles whenever parents have strong disagreements. In the worst-case scenarios, a judge could decide to award sole legal custody to one parent.
This type of custody refers to the right of parents to live with and take care of their own children on a daily basis. As with all custody decisions, judges will consider which custody or parenting arrangement would be in the best interest of the children.
SOLE PHYSICAL CUSTODY
Your children will live with you full time when you have a sole physical custody agreement. A judge will typically award sole physical custody to one parent when the other parent:
- Is incarcerated.
- Is unfit to live with the children due to child abuse or neglect, substance abuse or serious mental illness.
- Is unable to provide the children with a safe housing situation.
- Lives extremely far away from the other parent.
JOINT OR SHARED PHYSICAL CUSTODY
When a court awards joint physical custody, the kid’s physical residence is divided between the parents in such a way that the youngster has essentially equal time and contact with both parents. When parents share joint legal custody or when one parent is given sole custody, joint physical custody may be awarded.
Shared custody, though, does not always mean a 50-50 split. Children will often live primarily with one parent, yet spend overnights at the other parent’s home. This will usually happen on weekends or during school vacations. In this type of arrangement, one parent is considered the custodial parent, with the other considered the noncustodial parent.
In 50-50 splits, children will most likely spend four nights with one parent and three nights with the other. It is possible for the parents to agree on alternating weeks, months or longer periods of time to see their children.
Child Custody Lawyers In Scottsdale, AZ
The High Desert Family Law Group should be your first choice when you need the best divorce lawyer in Scottsdale or Phoenix, Arizona. Our experienced family law attorneys will work with you to obtain the best possible outcome in your situation. Proven trial lawyers in family court, you can trust the firm to represent you fully so you can get on with your life. Call today for your initial consultation.