Ways a Parent Can Lose Custody of Their Child
If you’re going through a divorce or separation and you have a child, custody arrangements can be stressful and emotionally fraught. There’s always the worry about ensuring your child is safe, which means understanding what could prompt the court to designate someone as an unfit parent. To protect your custody rights, learn more about what a judge will watch for.
How to Lose Custody: Red Flags for Family Court
When ruling on child custody arrangements, the court will watch for a number of potential issues.
Abuse or Neglect
Approximately one in four children suffers some form of abuse or neglect during their life. Physical or emotional abuse or neglect is taken very seriously by the family court. If a parent is accused of mistreating their child, they can quickly lose custody. When people ask how a mother can lose custody battles, this is the most common answer.
False Accusations
It’s crucial to note that making false accusations about the other parent, such as claiming they’re abusive, is also grounds for losing custody.
Domestic Violence
A parent who has been accused of domestic violence faces the risk of losing custody. The violence does not have to involve the child or occur in their presence. There are specific laws in place to protect the child from living with someone who could be violent. If you are found to have committed domestic violence, you may be labeled as an unfit parent.
Violation of Court Orders
Violations of court orders often occur when one parent keeps the child for longer periods than they’re entitled to or takes the child to another city or state without consulting the other parent.
Refusal to Co-Parent
In the majority of cases, children benefit from having parents who cooperate in making decisions about everything from schooling to medical care. A parent who refuses to work together with the other or who doesn’t communicate important information about the child can lose custody.
Parental Alienation
If one parent tries to turn the child against the other or in any way prevents the child from seeing the other parent, they will typically be brought in front of the court for a re-evaluation of custody arrangements.
The Process of Addressing Custody Issues in California
If you fear your child is not safe with the other parent or there have been violations of your custody rights, the first thing you should do is to bring the problem up with the court. This means filing a request for order. You will have to fill out the form and provide the necessary evidence to prove what you’re alleging.
In instances when speedy action is needed, you can file this order as an emergency application. To be considered an emergency, the child must be in imminent danger.
The next step is a hearing. The judge will look at all of the evidence and determine whether there’s enough to prove what you claim. In some instances, the judge may require further investigation into the case before making a decision. They have the power to get law enforcement and child protective services involved, too.
Rely on Experienced Child Custody Attorneys
If you are planning on asking the court to reassess current custody arrangements or to set initial ones, you need to have an attorney assisting you. Your attorney will protect your rights so that you can have access to your child. You can be sure the other parent will seek representation, so don’t try to go through this on your own.
Contact a California Divorce Lawyer Today
For more information, contact our experienced California divorce lawyers at Berenji & Associates Divorce Lawyers by calling (310) 271-6290 to schedule a consultation.
We serve all through Los Angeles, Beverly Hills, Los Angeles County, and its surrounding areas. Visit any of our offices at:
Berenji & Associates Divorce Lawyers Los Angeles Office
550 S. Hill Street STE 1467
Los Angeles, CA 90013
(213) 277-2586
Berenji & Associates Divorce Lawyers Beverly Hills Office
9465 Wilshire Blvd #333
Beverly Hills, CA 90212
(213) 277-2586