Four Reasons A Mother Could Lose Custody of Her Children
By: Ciele Edward
Although child custody laws vary significantly depending on the state, courts typically decide custody hearings based on the living situation the judge believes is in the child’s best interests. The “best interests standard” as it is now known, replaced the “tender years doctrine” which dictated that a mother should retain primary custody of her children in all cases save those in which she was clearly unfit. The shift was intended to grant fathers a better opportunity of winning primary custody, but many courts still favor granting custody to the mother instead of the father. Even in areas where custody bias in favor of the mother still exists, a woman can lose custody of her children for a variety of reasons.
Child Endangerment
If a mother physically or emotionally abuses her children, or places them in danger in any way, she may lose custody. When a mother tests positive for drugs or is arrested for drug possession, the state government may intervene and revoke custody of her children – granting temporary custody either to a relative or placing the children in foster care. A previous history of child endangerment can also hurt a mother’s chances of winning a custody dispute if custody has yet to be determined.
Child endangerment isn’t restricted to abuse. In some cases, a child’s obesity can grant the state or a non-custodial parent with grounds to petition for a new custody arrangement. Although not child abuse in the traditional sense, a 2009 TIME magazine report claims that childhood obesity has resulted in custody loss in four different states.
False Allegations
If a mother enjoys primary custody of her children and the non-custodial parent or a third party accuses her of child abuse, drug use or any other activity that presents a threat to the children’s welfare, the court reserves the right to immediately remove the children from her home and revoke her custody rights while the court investigates the allegations. This occurs whether or not the allegations are legitimate. While many states levy penalties against individuals who make false accusations against a parent, this doesn’t stop all vindictive ex-spouses from making them – especially considering that intentional false allegations are challenging to prove. In addition, a child therapist who suspects possible abuse in the home may request revocation of custody and an investigation at any time without penalty.
Change in Circumstances
If a change in a mother’s circumstances causes a court to review its original decision granting her custody of her children, she may lose custody to the non-custodial parent. One example of a change in circumstances occurs if a mother chooses to move to a new state with the child. Family courts differ in the way they view out-of-state moves. Custodial parents are often required to notify non-custodial parents of the impending move in order to give the non-custodial parent an opportunity to object. Should a non-custodial parent object and the court finds no valid reason for the mother’s move, moving may result in her losing custody of her children.
Availability
Availability is a factor many courts consider when evaluating child custody disputes. If a court awarded a mother primary custody of her children, yet her work schedule leaves her unavailable the children after school and in the evenings, the non-custodial parent may petition for custody based on the mother’s limited availability to her children. The American Bar Association states that the amount of time each parent can spend with the child is a significant factor most courts consider when determining custody arrangements.
Both custodial and non-custodial parents alike should remember that custody arrangements are never set in stone. Regardless of how adept a parent a mother is, she can still lose custody of her children to either the children’s father or the state. Should the state intervene, it will attempt to place the children with a family member. If no family member is available, the children will be placed into the foster care system until the mother either regains custody or a capable family member comes forward and petitions for temporary custody.
child custody, child support, childcare, divorce, life, single moms
The mother of my grandchildren has been arrested for possession of drugs, has been known to go to pain clinics and sell the pain meds and also buy crack. This has been brought to the attention of DCS, the sherriffs ofc of our county, and also the Dist Atty in charge of child support. The kids are ages 3 1/2 and 1 1/2.. We were also told the older of the two tested positive for some drug when she was born.
She has been known to sell her food stamps for drug money and runs with anyone that is involved with whatever drug she needs. She tested positive for crack on a hospital visit, nothing was done, she stoled money from her grandmother who took out a warrant on her for theft, (the money was used for drugs), nothing has been done about this , as far as I know as of yet, She was arrested with her “husband” with kids in the care after midnight and taken to jail for the wknd because she had pain pills on her that were not hers, again nothing has been done. DCS has been called on them several times, at one point my husband and I taking the older one who was only a few months old at the time, for a few months, but again, the baby was given back.
She has been known to throw herself down and beat on herself, while she was pregnant, to get my son arrested for domestic violence. And the cops have been called because she stayed out all night, and when my son left with the kids to call me to come and get them, when I arrived there the police were already there and were threatening to take my son to jail, even though he was the one who had marks on him where she had hit him. The cops allowed her to take the kids and leave without doing anything to her.
Im not writing to help this person, Im writing to help my grandkids and get this psycho drug addicts away from my grandkids. It has been proven she is violent because I have txts , voicemails and emails where she has threatened me and told me I would pay for what I have done to my son and her kids, and as anyone knows, I have only been there for those three.
He father and mother always pull strings to somehow get her out of whatever situation she is in, and she goes right back to doing what she wants. At this time her “husband” is living with her mother . This happened after his father died and he lost the house. Her father has or is in the process of buying this house and she and my son are living along with the kids in this house. She needs to be investigated by someone who is biased in this small town and help given to my grandkids. Me and my husband take them as often as we can. The 3 yr old lay in bed with me the last time she stayed all night and cried because she said she got up in the night and her mommy and daddy were gone, leaving her and her smaller brother alone in the house. She was also crying because she had no clothes, they couldnt find them, and they had no food. She did this from approx 1 am until around 4 am, when she finally cried herself to sleep. Whether this has happened or not, she has in her mind that it has and believes it.
These kids are being put through hell and I cant find anyone that will help take these sweet kids away from her. She has spanked the older one for crying to come stay with us. Specific information has been given to the sheriff as to who is paying and taking her to these pain clinics, when they go and where they get their rxs filled. The man that she was going with at the time has been wanted either by the TBI or FBI, for selling and taking these people to these illegal pain clinics. Again, even with all this information, nothing has been done to her. She has not been punished, except for that wknd she spent in jail for having her “husbands” pills on her, and a family member of my husbands was in there at the time and said she had told her she was trying to bring them into the jail, but they somehow found them on her before she got to the jail. I would like to be kept anonymous in this matter because she will not let me see my grandkids if she knows im trying to give them a better life.
We had really hoped the fraud charges would have been brought against her because of all the lies she had told them at Families First, and when she got her food stamps, and whatever else this dept deals with, but this hasnt happened. I would really like some information on how to get her caught at what she is doing because these kids do not deserve to live in and environment like this. There are also other kids involved. She has another daughter with her “husband” plus they have his brothers kids because he has been put in jail multiple times for drugs. She did, about a year or so ago, sign back over her rights to them because she didnt want them. The older daughter lives with her dad, who is living with her mother’s mom, which is also a weird situation. She doesnt want to be with her mother because she lies and leaves them without telling them where she is and when or if she will come back to get her. These kids have been left with whoever would keep them, and yes, they are drug addicts also, because that is the only kind that will have anything to do with her.
Pls, I need some help on figuring out how to get my grandkids away from her, yes we want to take them. But, as you may know, in a small town, if you know people you can get out of anything. If you have any advice on how I can get the ball in motion as to getting some of these charges started, that should have been already have been served and her serving jail time for them, I would greatly appreciate it. I feel like my hands are tied behind my back and its breaking my heart to see my
I hope you return to see this post. GO immediately to the local court house and file for temporary emergency custody of these babies. Local law enforcement and child protective services are not going to help you or these babies. If you are sure she is doing illegal drugs, DEMAND a court ordered drug test. If she tests positive on a drug test, you will have a leg to stand on. Try to get a copy of her arrest record. It should be public information. Take it with you to the court.
The other recourse which you should also try is to keep trying child protective services and demand to speak to a supervisor. Tell them you believe these children are in immediate danger. If they do not do anything, keep going higher and higher.
My boyfriend has a little 4 year old boy with this terrible woman. She’s jumped from man to man. For the first three years of this child’s life she would rub it in his face that he might not be the father until he finally got the courage to get a DNA test done. She filled custody against him just for child support. Oh and so she can rub it in his face that she has the child. She’s already broken court order by refusing to let him see the child on his weekends and holidays just because she can. He’s paying his child support. Then she just left the state without his approval and without going to court. Also she took the child out of PreK to “Home school” him. He doesn’t know what to do. That child is his world. I’ve watched him cry over this for the past three weeks because she keeps telling him that he probably won’t see the child.
What can he do? Please help.