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How A Mother Can Lose A Custody Battle

On Behalf of | Feb 28, 2023 | Child Custody

Mother worried about losing custody of her child

Every parent fears the thought of not being able to see their children on a regular basis, which is why the potential to lose custody in a divorce can be incredibly daunting.

Despite what one may assume, mothers aren’t always given an automatic win when it comes to court proceedings – often, they’re put at a disadvantage due to stereotypes.

Here, we’ll discuss how a mother can lose her custody battle and how best she can protect herself during her case.

Not having a legal representative

A mother going through a custody battle without the help of an attorney puts her at a distinct disadvantage.

Even though it is possible to win a child custody case without legal representation, there are many potential stumbling blocks in the process.

Having an attorney to advise and guide you through each step of the proceedings can make all the difference.

Since there are numerous aspects to consider in this type of case, such as the best interest of the child and the lifestyle that each parent provides, the assistance of a qualified lawyer will help ensure your arguments are heard clearly and persuasively by the court.

Without an advocate, mothers can easily lose their custody battle if they are ill-prepared for this consequential litigation.

Not following court orders

A mother who is trying to win a custody battle needs to show that they respect any court orders that are put in place. This means following the instructions carefully, being up to date on payments, and taking all requests seriously.

A judge will be looking for evidence of commitment and dedication, so not following directions can make it appear that the parent does not take their responsibilities seriously enough for them to have custody of their child.

By upholding the court’s decisions, a mother can demonstrate to the judge that she is a responsible caregiver and demonstrate her commitment to her role as a parent.

Poor parenting skills

When it comes to the well-being of a child, courts take significant measures to ensure that parents are providing an upstanding and safe environment.

Unfortunately, if it is found that a mother is not attending necessary medical appointments or fulfilling basic educational requirements due to negligence or indifference, this could easily lead to the other parent gaining custody.

In a worst case scenario, it might be possible for a mother to even lose complete custody due to her failure in properly nurturing and caring for her child.

It’s important for all parents going through custody battles to realize that their involvement in their children’s lives and decisions can have far-reaching implications in court.

Financial irresponsibility

Financial irresponsibility is a very real concern when it comes to determining the best interests of a child.

A judge has the responsibility to ensure that any child placed in the custody of their mother will be properly cared for, and part of that scrutiny includes the financial abilities of the parent.

Careless spending, unmanageable debt, or any other poor financial decisions can convince the court that awarding custody would put the child’s health and wellbeing at risk.

For this reason, it’s important for mothers to be mindful of their financial responsibilities if they want to maintain rights to their children in court.

Domestic abuse allegations

The safety of a child should be paramount in any custody decision and a mother is no exception to this. Unfortunately, should there be any accusation of domestic abuse within the home, which can take the form of physical, emotional or sexual danger, then courts will consider the risks posed to a child without hesitation.

All too often it is the mother who unfortunately loses out on custody if it is found that her child was at potential risk due to any activity taking place in their household.

Although heartbreakingly unfair for some parents, this decision is made with the safety and wellbeing of the child being taken into consideration as paramount.

Final Thoughts

Losing a custody battle is not something any parent wants to face, but unfortunately, it is sometimes unavoidable. If you are facing a court case and need advice or legal assistance then be sure to contact a family law attorney who can help guide you through the process.

In Raleigh, North Carolina Gantt Family Law has expertise in a range of family law matters from divorce, child custody and adoption to alimony, prenuptial agreements and more.

If you need help fighting for your parental rights, contact Gantt Family Law today.