6 Reasons a Parent May Lose Custody of a Child

There are a number of reasons a parent might lose custody of a child. Some might be pretty obvious, while others may be a bit more surprising. In general, a parent will lose custody of a child in cases of abuse, neglect, or other findings related to domestic violence.

Here are six different reasons a parent might lose custody of a child.

Abuse: One of the most common reasons a parent loses custody is due to abuse. There are a variety of types of abuse. One is physical, which can lead to burns, wounds, and scars. Often, abusers will use their hands or other objects to cause injury to a child.

No matter the jurisdiction, the law is very clear. Abuse that is reported to the proper authorities is a legitimate reason for a parent to lose custody. Oftentimes, parents who have been convicted of child abuse can lose both physical and legal custody of children and might have their parenting time severely limited, or even cut off entirely.

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Abduction: Those who choose to abduct a child can also lose custody depending on the case and where the crime took place. Some parents who choose to abduct their children can lose legal or physical custody of them depending on the circumstances.

False Allegations: Even though abuse is a well-known way to lose custody of a child, false allegations of abuse can also lead to a loss of custody. A parent that knowingly lies about allegations of physical or sexual abuse can lose custody, depending on how serious the allegations are.

This is a serious issue because the law is very clear on punishing people who try to interfere with the other parent’s lawful contact with their children by making allegations of abuse. Courts have no problem taking custody away from a parent that makes false allegations to protect the health and safety of the children involved.

Neglect: Neglect is another reason a parent might lose custody. This type of abuse centralizes around a failure to act where a child might not be getting the food and care he or she needs. Parents can lose custody by neglecting their children if a court finds the child was endangered in any way, especially if the neglect is ongoing. However, neglect can be hard to prove since it can be difficult to pick up on unless someone regularly sees the children.

Domestic Violence: Domestic violence can lead to a parent losing custody of a child if the court finds it appropriate. This topic is pertinent because it usually comes up in a family law case where questions about abuse and neglect of a child are already present.

Violation Of Custody Orders: Violating orders related to the custody of children can also be a way to lose further custody, depending on the actual mechanics of the case. Violations of these types of orders can be very mundane, like being late for an exchange, to something more willful, like making a decision without talking to the other partner.

Do you have a question about child custody in California? Click here to contact Von Esch Law today!

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How Does Age Play a Role in Child Custody Cases?

Parents dealing with child custody issues oftentimes wonder if the court takes age into consideration when deciding. Here is a break down of child custody rules by age.

Age 0-2

When it comes to infants and toddlers in this age group, the separation time from both parents should be very small. This will help reduce the child’s anxiety and maintain the bond between both the child and parents. The implication of extended separation time with children in this age group is related to the lack of long-term memory. An infant or toddler could lose an attachment with a parent fast if there is not a consistent and frequent level of contact. Contact days between the noncustodial parent and child needs to be consistent.

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divorce

5 Ways To Make The Best Of A Divorce

It seems like couples everywhere are calling it quits and ending marriages in divorce at an alarming rate. Thinking about the divorce of loved ones, or yourself, elicits a sense of pity, remorse, and even fear. The stigma of divorce can be even scarier than the actual process, preventing many couples from taking the steps necessary to achieve genuine happiness.

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The VON ESCH LAW GROUP is a business, construction, family law, and real estate law firm. The principal attorneys are Robert A. von Esch IV (“Rob”) and Amy M. von Esch. Both are highly respected members of the legal community that are known for handling difficult and high stakes cases.