To be awarded custody of a child in California, you'll need to prove that you are financially, physically, and emotionally fit to fulfill a child's needs. A parent will be given custody if they manage to prove they're a viable parent.
Unfortunately, things can change over time. Some parents might do well at the end of a divorce but eventually become unable to take care of their children as time passes. When this happens, California courts have the right to remove custody from a parent, either reducing their visitation rights or keeping them away from the child completely.
That said, what does it take for a parent to lose custody of a child in California? What are the factors that can be investigated and used against an unfit parent?
Let's see what our prescreened California family lawyers have to say:
What Leads To Termination Of Custody Rights In California
So, what factors and evidence are needed to prove that a parent is no longer fit to have custody of a child? Let's take a look:
1. Serious Abuse and Unfit Parenting
Child neglect can be cited as justification for rescinding a mother's custody rights. Serious neglect is defined in law as endangering a child's access to life's essentials, their ability to receive an education, or their health.
An ex-spouse may request that their ex's custody rights be terminated because they have not upheld her duty as a parent. Legal testimony of the extreme neglect of the children can come from caregivers, instructors, acquaintances, or even the kids themselves. If a judge feels that a parent has gravely neglected their child, they will withdraw custody rights.
Minor child neglect, such as failing to pick up the child from school on time, is not usually enough to revoke a claim to custody. Courts will not penalize mothers or fathers for mistakes because they recognize that no parent is perfect. Serious child neglect is consistent, severe neglect; minor errors do not qualify.
2. Breach Of A Custody Order
A right to custody may be taken away or limited if a parent violates a child custody ruling. For example, a parent who violates custody arrangements, disregards court-imposed obligations, or obstructs the other parent's right to visit might lose custody.
A thorough record of each instance where a parent obstructs or disobeys a custody decree is a great way to build a claim. Likewise, each instance a child is withheld from a parent or thwarted visiting arrangements can be used in court to revoke parental rights.
A parent may lose custody if they violate existing custody and visitation arrangements, including restraining orders.
3. Domestic Violence
If a parent has a history of abusing children or their ex, they may lose custody of the child. Judges will issue a child custody decision that they consider best serves the child's interests. Judges do not tolerate abuse or violence from any spouse.
A parent's competence to raise her children may be questioned if she physically abuses her husband. Parental rights may be terminated for any form of physical assault, including slapping, punching, beating, kicking, scratching, pinching, and more.
Restraining orders and police reports can also be used as compelling evidence. This can be used as proof to convince the judge to revoke or curtail the mother's custody rights. Courts will take any evidence of abuse seriously and may doubt a parent's ability to raise her children.
In California, custody may be lost even though emotional abuse is significantly more challenging to prove in court. For example, the court may revoke custody if they bully or disparage their children, particularly if it is coupled with physical abuse.
Parental alienation, or tricking a child into hating the other parent, is a frequent instance of emotional abuse that courts will consider. Judges in California take parental alienation seriously, especially for young children.
4. Terrible Co-Parenting Abilities
If a couple has joint parental obligations, they must uphold them or risk losing their parental rights. For example, a court may revoke the mother's custody rights in a joint custody arrangement if the children have a significant fear or dread of their mother. Likewise, fathers might lose custody if the children's needs (i.e., education, safety, etc.) aren't fulfilled.
Poor co-parenting can include:
- Failing to take kids to school.
- Ignoring other parental duties.
- Making poor choices that put kids in danger.
Contact a Family Lawyer in California if you need to forward a case to terminate child custody arrangements. Your Los Angeles Child Custody Attorney can help you build a case, investigate your claim, and represent you along the way.
5. Abuse, Crime, And Drug Use
A child needs security. If they're experiencing abuse or put in danger because of a parent, then they may be taken away for their own safety.
Do note that a parent doesn't have to cause emotional and physical harm to threaten a child's security. Criminal activity and child abuse, though they might be done without the presence of a child, can still put the child in danger.
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