Mother always gets preferences to the court while deciding the custody of a child. It is believed that a mother is the best choice for child custody as she gives birth to her child and is the closest to the child.
But in some cases, a mother’s right to hold the custody of her child faces challenges.
This article attempts to explore whether a mother can lose custody of her child. You will also get to know about how a mother can lose a custody battle. Read on to learn.
Can A Mother Lose Custody of Her Child?
YES. A mother can lose custody of her child, similar to the father. When the court gives the custody of a child to a parent, it does not sit in relaxation. Rather, it keeps an eye on the parent whether they are carrying out their duties properly or not.
Moreover, a child’s benefit is the main concern of the court. If the court feels that the child is no longer safe, either physically or psychologically, to the custodial parent, it can take necessary actions. As a result, the parent might lose custody of their child.
6 Major Reasons Why A Mother Can Lose Custody of Her Child
A mother might have several reasons for which she can lose custody of her child. Here goes a discussion on some major yet common reasons why a mother can lose custody of her child:
Child Abuse
One of the main reasons for not getting child custody for a mother is abusive behavior towards the child. You might not agree to believe that a mother can abuse her child.
However, a mother can abuse her child either physically, emotionally or even sexually. Physical abuse includes biting, physical torture, scratching etc.
In either way, a mother can emotionally abuse her child by using rigorous verbal words. And sexual abuse means having unhealthy sexual contact between the mother and her child.
Violation of Court Order
If the mother violates the court order of custody, the court might take the custody back from her and hand it over to the father.
Violation of Court order involves:
- neglecting parenting rules designed by the court
- interference in the father’s rights on the child
- not being present in the court when scheduled, etc.
Parental Alienation
Parental alienation means when a mother tries to keep her child away from the father despite having the court order. It is another important reason why a mother can lose custody of her child.
In some states, co-parenting is suggested and preferred for child support. According to the court’s order, the father has the legal right to visit his child at the scheduled time. But if the mother creates any barrier in this right of the father, she might lose her child custody for parental alienation issue.
Mental Health Issues
Mother’s mental stability is one of the major issues of concern. If the mother is not mentally stable enough, she should not get child custody.
In case, mother’s mental health becomes dangerous and harmful for the child’s growth, after getting the custody, the mother can lose the custody – no matter what.
Child Abduction
Child abduction can become another reason why a mother can lose custody of her child. Child abduction happens when the mother takes her child away from its father without the father’s consent.
As it is the mother’s own child, it will not be considered kidnapping. But a father’s consent is a must when the mother wants to move with her child. Even if the child gives consent while moving, the court will see it as abduction and take custody back from her.
Domestic Violence
Last but not least, domestic violence is also a major reason for a mother to lose her child custody. If the mother abuses any family members, including the father, it will be known as domestic violence. And the fact is domestic violence does not always harm a child physically, not necessarily.
Rather it causes harm to the child psychologically, and it might become threatening for the child’s overall mental growth. In that case, the court might decide to free the mother from the custodial responsibility.
Conclusion
So, now you have probably got your answer whether a mother can lose the custody of her child or not. Simply, the answer is yes. Here we have presented all the possible reasons why a mother can lose her child custody.
As a mother, you must take care of those things. For further details, you can better talk to an expert child custody lawyer in your area. Knowledge is really important.