It is possible for a mother, or a father, to lose custody entirely if it is in the best interests of the child. Child abuse or sexual abuse is the number one reason that a mother can lose custody of her child. For example, if another family member residing in the home is abusive towards the child, and the mother doesn’t remove that person from the home, she could lose custody. A person who lost custody due to one of the five factors above can apply for visitation, however, that parent must show that he or she has been rehabilitated to prevail. This means the court will need to be convinced that one parent is better than the other. A parent can show they are rehabilitated by providing proof of substance abuse therapy, attendance at Alcoholics Anonymous or Narcotics Anonymous, counseling, and clean drug or alcohol test results. Unless the non-custodial parent is found to be abusive, the custodial parent must make arrangements for the child to have time with the non-custodial parent. While it’s always important to appreciate the military for their service to the country, … While an addict or alcoholic parent may not lose their parental rights entirely, it is likely that their parenting time will be supervised only. This goes for anyone living under the same roof as the mother, too. Another example is failing to comply with a restraining order, or being uncooperative with co-parenting in general. A parent has legal custody when that parent has the authority to make decisions about the child’s health and welfare. This is rare, however. Some of the factors they’ll consider are the: When a parent requests sole custody, the court will sometimes follow the “better parent” standard. The child lives with both parents, and both have the ability to make decisions about their child’s welfare. Remember: Among married couples, fathers and mothers have the same rights for child custody regardless of their genders — at least until there is a court order that maintains otherwise. A family law judge in New Jersey will determine what is in the best interests of the child in awarding custody to either or both parents. Because of this, there are certain factors that can make one parent look worse than the other, including the below: One of the main ways mothers often lose custody of their child(ren) is by breaking the law — usually through drug use and possession. Physical and Legal Custody are often shared. In New Jersey there is no legal preference to award custody to a mother over a father. A parent found to be abusive can not only lose custody, but also the right to visitation (also called parenting time). Please contact us with any questions. If a parent is suffering from a mental disorder that puts the child at risk of harm or neglect, that parent may lose custody. Any kind of violence in the home is a negative factor when the court is deciding who should have custody of the child. New Jersey Lawyer to Help with Divorce Over Stepchild, Intentional and Unintentional Parental Alienation Syndrome (PAS), Custody Options in a Co-Parenting Environment, NJ Custody Laws for Unmarried Parents: A Guide. If a parent violates the custody order, this can result in loss of custody if the violation is serious or pervasive enough. If a parent is convicted for a crime against his or her child, he or she will lose custody. This field is for validation purposes and should be left unchanged. Not addressing alcohol, drugs, or other parental fitness issues: A parent who even casually partakes … Even so, a judge may order supervised visitation to ensure that the child is not put at risk. If you fear that your child is in immediate danger in the care of your co-parent, you and your attorney can appear before the judge to request an emergency custody order. Custody is never automatically lost. The joint custody agreement must provide for the ways and means that the parents consult with one another regarding important decisions about their child’s welfare. One of the main ways mothers often lose custody of their child(ren) is by breaking the law — usually through drug use and possession. This law firm website and legal marketing are managed by MileMark Media. Any or all of the following are considered: This applies not only to physical abuse, but to emotional or mental abuse. A risk assessment will be performed by the county probation office if a parent is alleged to be unfit. In both these cases a judge will look to whether the situation can be remediated by, for example, medication, or assistance in the home. For example, if the mother has attempted suicide in the past or has any type of severe mental illness, the court may deem her unfit to have custody, and instead provide it to the co-parent. Read on to find out the top five ways a mother, or father, can lose custody of their child. The statues provide no guidance for what constitutes “appropriate parenting time”, and this is a frequent spark of litigation. It is common for parents to retain joint legal custody even if their child lives primarily with one of the parents. Losing custody of a child generally means loss of joint legal and/or physical custody. Child abuse is the number one reason to lose custody of a child. COPYRIGHT 2020 The Law Offices of KENNETH R. KLINE, LLC. Rather, the court will weigh the best interests of the child with the parent’s right to parent that child. If a mother has a physical or mental health issue that stops her from providing proper care to the child, she could lose custody. That means fathers have just as much of a chance of gaining custody as the mother. The reality is that some people just aren’t fit to be parents. This is especially true if the drug or substance abuse puts the child’s life at risk (like through drunk driving). This applies not only to physical … The Law Offices of Kenneth R. Kline LLC is honored to work with both traditional and non-traditional families to assist them through extraordinarily difficult times. Physical Abuse Against a Child or Ex The relationship between child and parent. A very common reason to lose custody of a child is child abuse. It is the mother’s job to protect her child, and allowing someone to stay in the home who is violent is not doing so. This is especially true if the drug or substance abuse puts the child’s life at risk (like through drunk driving). They deny dad access to or visitation with the child. All rights reserved. It does happen in exceptional cases such as when there are children from previous marriage or a significant age gap between children. The court will look for verification that none of these factors exist, and if they find any, they will take them seriously. Contact her office today for a free consultation.
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