Gone are the days when mothers are presumed to be the “chosen parent” for physical custody. Today, all states adhere to the “best interest of the child” standard in determining both legal and physical custody of children. Courts generally believe that children mature best when both parents are active in their lives. But don’t be fooled. Mothers can lose custody for a variety of reasons, and once it’s gone, it may be difficult to regain.
Generally, mothers lose custody of their children by either breaking the law or violating court orders. The most common legal criminal violations include drug use and possession, child abuse and neglect, and domestic violence. Courts generally believe that none of these home environments are suitable for children, and just as Child Protective Services would remove these children from such homes, courts will remove parental custody for these reasons.
Losing Custody by Violating Court Orders
In addition to breaking the law, a judge may terminate physical custody if a court order is violated. Sometimes the court order addresses tasks, such as mandatory drug testing or counseling. Other times, orders address co-parenting and visitation schedules, or methods in which parents are to communicate with one another on legal custody issues.
If you or someone you love is concerned about losing child custody, contact a local child custody attorney. A legal adviser can best help you understand your existing rights and responsibilities, and help you get to a point that is in the best interest of your child, without risking loss of custody.
Related Resources:
- Find a Child Custody Attorney Near You (FindLaw’s Lawyer Directory)
- Common Myths About Child Custody Disputes (FindLaw Law and Daily Life)
- Brad Pitt Wins Custody Battle (FindLaw Celebrity Justice)
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