Why Mothers Lose Custody Of Their Children And How To Win Your Case In Court?
Many people have a misconception that a mother is most likely to win the custody battle.
If we look at the stats, we will find a consistently increasing percentage of fathers winning the custody of their children. Sometimes, a mother can even lose an already won case, and mostly for the reasons that could have been avoided.
In this article, we will try to outline the main reasons for losing the custody of your child to your ex. The article also includes the red signs which might help your ex to go to court against your custody and advice on how best to tackle such a scenario. It doesn’t matter if you were married or unmarried when you had children together, if you can learn to avoid these common mistakes, you will save yourself the trouble, mental stress, and huge expense which usually accompanies court cases. If you are finding yourself in this situation and are in need of a family law attorney, consider calling us at 770-795-9596.
What Are the Reasons Mothers Lose Custody?
After reading through this article, you might think that these are routine precautions, but believe it or not many mothers have lost guardianship cases due to these slips. Nobody, not even the court will rehear a case unless they have concrete evidence which supports the case against you.
Physical abuse against a child or ex
The most incrimination thing that can go against the mother is physical violence. Whatever happens, do not lose your cool. Physical abuse cannot be hidden and is easy to prove in court. Social workers and child protection agencies are always on the lookout for any signs of physical abuse which includes hitting, kicking, scratching, biting, beating. It is equally difficult to defend in the court and will reflect badly on the mother’s capabilities as a parent. The father may also be held equally responsible if he was aware of the fact and did not report it to the authorities.
- Read more about Domestic Violence
Physical abuse is one of the main causes mothers to lose custodian rights of their children. It might even cause you to lose your visitation rights, depending upon the severity of the evidence. Even if the mother exhibits violent behavior toward her ex, it will be a black mark against her in the court.
Unlike physical abuse, mental and emotional abuse is equally disturbing for the authorities. However, it might be difficult to recognize its signs and would not be easy to prove in the court. The case can be strengthened if people have witnessed it and can prove it in court. Emotional abuse is among the leading causes mothers lose custody of their children. Bear in mind, however much you are disturbed by your ex, do not make your children (especially if they are young and have vulnerable minds) into disliking their father. It will not only affect their personality but will also be a valid cause to lose custody.
Interfering with parenting time
Be extra careful if and when it is father’s visitation time. If for some reason, it is not possible for him to see the children this week, make sure that his visitation right is not violated as a habit. This will give him enough cause to file a complaint against you. He might even be keeping a record of each time you crossed him in this regard. If you have intentionally interfered with his parent time by arranging other activities, this too is a potential cause for losing guardianship.
Violation of court order
Violating court orders is a criminal offense in all regards, and it is considered the same in custody matters. If the mother is found guilty of violation, she might not be given a second chance and may lose custody. These violations include the inability to comply with the court’s direct orders like interfering with custody arrangements and parenting rights of the father, or abuse of any form, DUI charges, or not taking care of children properly.
Parents are not perfect, we all know that, so does the court. Therefore, neglect is not easy to prove. Parents can make mistakes, but if there is a continuous presence of neglect, it may put the child’s health and safety in danger and will be taken seriously. If the child is deprived of basic necessities such as food, shelter, health care, parenting, the court will look into the custody rights again. So, neglect is another cause for losing guardianship, although it is difficult to provide evidence for it unless serious misconduct is present.
The initial custody arrangement might have been joint custody with the father; however, the mother may face a court case if the father finds enough evidence of the child suffering under mother’s care. Remember that minor likes and dislikes of how the other parent handles the child are not the cause of litigation. It will only apply if the parent’s attitude is interfering with child’s well-being and performance in studies, etc. If the court feels that the child is deprived of education or so much so a proper home, then the court will surely decide against the mother.
The mother should be concerned if she is addicted to drugs, alcohol, etc. This can be a solid ground for a custody battle and could lead to regular drug test screening. The verdict will surely be against the mother if addiction charges are accompanied by any type of physical, sexual, or emotional abuse against the child. To avoid this kind of evidence, the mother will have to provide strong proof of getting help and counseling if she wants to retain guardianship of her child.
How Fathers Can Get Custody Of Children From Their Mothers?
All the reasons you might end up losing your child’s guardianship are listed above. These reasons are viable only if the following applies.
You are married to the child’s father
If you are still married to the father of your children, he can definitely file these reasons against you when heading the dispute and gain solitary custody of your child. Not only this, but this information may be used to finalize all the other subjects too, including allowances during the case proceedings.
It is seldom that couples decide to stay married and the custody is then given to one parent. But when filing for a divorce, the parenting of the child is nearly always used as an excuse.
You are unmarried
The father of the child can still file against you even if you were unmarried from the start or got divorced. He can always go for revoking your rights or gaining custody of the child in this case. The above-mentioned reasons are applicable when you are co-parenting or presently had the guardianship of the child.
You already have a guardianship agreement
Court-ordered agreement regarding child custody can always be changed, especially if the above reasons apply. Remember, if your ex files a case against you it’s entirely his responsibility to gather all the evidence needed. This evidence might be written verifications, police reports, or other proofs. If his case is based on just personal opinions or random facts, it is going to flop. Whatever he might do to gather the right evidence needed, it will be on his own head. You do not need to worry about doing anything until the court calls you.
On the other hand, if you are too worried about your ex filing a case against you, try to have a good lawyer at your side to help you do your work in keeping your custody rights safe.
What’s Going to Help a Mother’s Case?
Even if your ex files a claim against you to take the custody of the child, it’s not necessary that his case is genuine, especially if it includes personal prejudice. The more stalled his case is, the easier yours is.
To keep your custody rights and your child safe, try to avoid all the mistakes mentioned above. But together with them, you also need to consider the factors that will cause problems in your ex’s case and help you.
Too many complaints
Well, no judge or court likes too much badgering. If your ex ends up filing a lot of complaints against you, or ask for repeated police investigations that are going to fail because of lack of evidence, his case will evidently weaken. If you are repeatedly proven to be innocent, you might as well have won your child’s custody.
Emotion over action
Most cases are filed just because the complainer was irritated or angry. These cases have no solid evidence. If your ex does this kind of thing, and let his emotions play over him, your rights will remain safe. Rather, such emotions are going to be a mark on your ex’s case if he ever goes against you in the future. The judge would be more apprehensive about your ex’s character and it might result in him losing custody of your child, especially if your ex had been harsh and insolent with you too.
Lack of evidence
This is a pretty straight forward factor. Lack of evidence will only weaken your ex’s case, and your rights would be safe. A strong case is only when all the proof against a person are recorded and collected and then filed. This includes all the done form-filling and following all the directive as told by the state. If not, the case is considered too ambiguous and will be dismissed. You should have a lawyer at your side to help expose his mistakes and to make sure you do not do the same. It will only help strengthen your case.
While sometimes the odds may be in favor and the court might actually decide for you, it is not always the case. Child abuse, neglection, keeping them away from their father, endangering their lives, and every other reason gives the father rights to go against the custody agreement and try to have the guardianship himself.
But if none of this happens on your part and you are innocent and honest in the court, then you should not be worried about losing your child’s custody. Don’t forget that it is up to the father to arrange for proofs if he goes against you.
Your job is just to provide your child with a safe haven, and love him all you can. This will be enough to have custody of your child.