Losing custody of your children is a heart-wrenching experience for any parent. If you lose custody of your child, this means you may lose both joint legal and physical custody. State laws vary as to what courts must consider in determining custody arrangements. However, in the general procedures of the custody award, the child’s best interests should prevail.
Despite the court’s modern and fair approach to child custody cases, the presumption that children should always stay with their mother largely remains. Fathers mostly lose the supervision of their children. There are many causes for parents to lose custody. Here are the top reasons why fathers are not that lucky in acquiring child care and guardianship.
Child Abuse and Neglect
This is the number one reason why a parent loses custody of their children. Abuse could be inflicted on a child physically, mentally, emotionally, or even sexually. Signs of physical abuse include scars, wounds, burns, bruises, broken bones, and other body injuries. If the child is having outbursts or abnormal behavioral changes, then that could be the result of mental and emotional mistreatments. Evidence of sexual exploitation can either be psychological or physical.
Moreover, a father who fails to properly feed, clothe, or groom his child, and support his education could be at risk of losing custody. Failure to provide the children’s basic necessities are also considered to be a form of neglect. It is important to note that both legal and physical custody can be lost because of child abuse and neglect.
Abduction is the concealment or retention of a child by his parent while defying the rights of the child’s other parent or family member. Violated rights may include custody and visitation rights during the divorce proceedings. The negative psychological effects of child abduction are huge, including depression, anxiety, and post-traumatic stress syndrome (PTSD).
The affected child could also suffer loyalty conflicts, emotional detachment, and feelings of betrayal towards both parents and other family members. This can hinder the child’s ability to form lasting relationships even long into adulthood. In the worst case, these negative effects may last a lifetime. It is up to the judge whether the father will lose both legal and physical custody when found guilty of child abduction. It also depends on how severe the abduction was.
In some divorce or custody cases, domestic violence is an issue. In such cases, there is an alleged abuser and an alleged victim. If the father is proven to be the alleged abuser, then this could be a reason that he loses custody of his children. The court carefully evaluates the pieces of evidence of domestic violence and will look for proof before issuing a decision on custody.
It’s hard for most loving parents to fathom this game of emotional ping pong with children. However, an abusive parent plays by a whole different set of rules. Normally, a person does not want to lose his/her spouse and child at the same time. It would be so devastating. So better control your emotions and set your values in place so you will be able to keep a harmonious relationship with your family.
Violation of a Child Custody Order
Refusal to obey a child custody order could range from a very minor infraction to a significant violation. The court determines the kind of violation and its extent before deciding if a father will lose custody of his child. There are many instances where a parent could defy the court order, and sometimes, he is not aware of it.
For example, a father leaves his kids to his neighbor or family member without the knowledge of the mother. With this, he could potentially lose custody of his children. Another instance would be a father who is consistently late in picking up his child. He would already be issued for a minor violation. There are many reasons to revoke a father’s joint custody rights. Generally, making important decisions on behalf of his child without consulting the other custodial parent is already a solid proof.
Drugs, alcohol, even cigarette smoking or vaping can be considered substance abuse, and they do not go over well in family court. Abusive use of such substances can make it difficult to win custody, especially if there are witnesses to such behavior. Casual alcohol abuse, however, may not be a solid ground for losing custody of your children.
Nevertheless, any kind of parental substance abuse is not helpful for children. Many parents with substance abuse problems also experience social isolation, poverty, unstable housing, and domestic violence. Parental substance abuse can affect parenting and child development. Children of addicted parents can feel intense loneliness and isolation. This is a result of a parent focusing his energy on continuing his substance use. Clearly, the court will never honor your child custody if you have addictive habits as these could lead to child abuse and neglect.
Co-parenting means more than just both you and your ex-spouse having time with your child. Ineffective co-parenting leads to negative outcomes for children. It will make the other parent a “visitor” in their child’s life rather than an active participant. Poor co-parenting measures can either be overt, unintentional, or passive-aggressive.
Common scenarios include the father withholding important information about the child’s schooling and not inviting the other parent to their child’s important events. Not discussing decisions regarding the child’s medical care and social affiliations could also mean poor co-parenting. In general, a parental conflict exists when one is refusing to communicate with the other parent about their child. These behaviors might be motivated by a desire to prove yourself that you can manage all things even as a single parent. But in the eyes of a judge, a prideful and over-controlling parent will never win custody of his child.
Raising a child is a team effort even in the face of divorce or separation. Instead of focusing on your personal issues and conflicts, it is much appropriate to look after your child’s welfare and protection. After all, it will be the family court’s basis for granting child custody to a parent. If you are a loving father who cannot withstand losing contact with your children, then you might want to avoid the issues mentioned above. When in doubt, you can always seek legal advice instead of handling the case yourself.