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Writer's pictureW.M. Bowen

How Can a Mother Lose Custody of Her Child?

One common myth is that the courts favor mothers when determining child custody, but this has consistently proven to be a misconception. In fact, the court awards child custody to a substantial percentage of fathers each year, and this percentage is predicted to increase as efforts toward parental equality continue.

Even if you are a mother who is awarded custody of your children, it’s possible for your ex to reverse the court’s decision and revoke your rights to custody based on certain circumstances – at any time. Many mothers lose custody of their children from preventable factors.


Here are seven of the most common reasons mothers lose custody of their children:

1. Physical Abuse Against a Child, Spouse or Ex

  • Physical abuse is not tolerated by Courts

2. Emotional Abuse Against a Child

  • Causing the child any mental injury

  • Parental alienation (trying to manipulate the child to hate the other parent)

3. Interfering with Parenting Time

  • Making it difficult for the father to see his children.

  • Deliberately scheduling trips or other activities that exclude the father from seeing his children.

  • Engaging in other actions that keep the father’s children from him.

4. Violation of Court Order

  • There are several ways that a mother can violate a court order.

  • Abuse of any form

  • Not caring for the children as instructed and agreed upon

  • Failing to comply with a restraining order

5. Neglect

  • Failing to properly care for the children

  • Failing to care for their basic needs, including education and health

6. Poor Co-Parenting

7. Substance Abuse or Addiction




How Fathers Can Get Custody of the Children from Their Mother

Any of the above reasons can cause a mother to lose custody of her children. These reasons can apply if:

If the father has proof of any of the above activity, they can ask the Court to allow them to have custody of the child while the mother only receives visitation. Depending upon the situation, the visitation could be "supervised visitation." Supervised visitation is extremely limited to a few short hours per week or every other week (depending on if the parent is able to pay for it). Could you imagine having someone sit and watch you within "eye-sight" and "ear-shot) when you are trying to spend time with your children?

Remember that agreed upon custody and visitation can also be modified.

Even if there is a court-ordered custody agreement, it can be modified based on the reasons above.



Factors that Help a Mother’s Case

If you are a mother and want to keep your custody rights, you should certainly avoid the common ways that mothers lose custody listed above. Remember that the father must bring a legitimate case to change custody. These are some factors that may help your case as the mother:

  • Father filing too many complaints.

  • Father letting emotions guide his actions.

  • Father lacking evidence to back his claims.

  • Father complaining of actions that he knew were taking place for a substantial amount of time and he did nothing.

If you are mother who is being targeted by threats of a father and fear losing custody of your children, don't wait to seek legal advice. Although the burden falls on the father, don't assume that "all will be okay." Contact Bowen Law Firm, LLC to discuss your options.

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