You’re here because you’re the mother, father, or relative trying to figure out how can a mother lose custody of her child?
Maybe you’re trying to figure out:
- reasons a mother can lose custody
- how can a mom get full custody
- how a father can lose visitation rights
- or getting custody back from grandparents
No matter what category you fall into, we are covering everything related to how can a mother lose custody of her child.
So, let’s dig in.
Table of Contents
To make navigation easier on you, I have created a table to contents.
Click a link below or keep scrolling to start from the beginning.
- How Can A Mother Lose Custody Of Her Child?
- Reasons To Lose Custody Of A Child
- What Not To Do During A Custody Battle
- How Can A Mom Get Full Custody
- How Can A Father Lose Visitation Rights
- Getting Custody Back From Grandparents
- What If A Non-Custodial Parent Does Not Return The Child?
Let’s dig into how can a mother lose custody of her child.
How Can A Mother Lose Custody Of Her Child?
The child custody laws in Georgia always do what’s in the best interest of the child.
If a mother is unfit to raise her child, then the mother can lose custody of her child.
A mother gets deemed unfit if she cannot provide a safe, secure, and nurturing home for the child.
The mother can lose custody of her child if they are at risk of suffering emotional, psychological, or physical harm.
Leaving a child with an unfit mother is not in the child’s best interest.
It’s in the child’s best interests to be in a home where the mother is not abusive or neglectful.
Let’s talk about the EXACT reasons a mother can lose custody.
Reasons To Lose Custody Of A Child
When it comes to how can a mother lose custody of her child, here are the 5 reasons mothers lose custody.
Maybe you’re reading this to avoid losing custody.
Or maybe you’re trying to figure out how to get custody of a child from an unfit mother.
Either way, be on the lookout for these reasons to lose custody of a child.
When it comes to how can a mother lose custody of a child, abuse covers physical or mental abuse.
Abuse is not ONLY on the child.
A mother can lose custody if she abuses the child or other parent.
A mother who is abusive can lose more than custody.
She can lose visitation rights altogether.
This means that a mother abusing the family may never see her child again if abuse is the reason she loses custody.
If a mother is abusing the children, almost every judge will take away the mother’s rights to her children.
Abuse that gets reported to the proper authorities is a reason to lose custody of a child.
Some examples of abuse are:
- verbal abuse of the child or co-parent in front of the child
- keeping the child from the other parent
- physical abuse of the child or co-parent in front of the child
- withholding love or support from the child
The child custody laws in Georgia believe that no child should get abused or witness abuse.
2. Violating Court Orders
Committing crimes or violating court orders are reasons a mother can lose custody of a child.
Crimes that can cause a mother to lose custody of her child are (not limited to):
- crimes against the child
- aggravated manslaughter
- aiding and abetting
- assault or battery
The court will give a lot more weight to crimes involving domestic violence and drug or alcohol abuse.
They will make the courts worry about anger management and violence.
This is how a mother can lose a custody battle for the child.
Documenting criminal activity and drug or alcohol abuse is how to get custody of a child from an unfit mother.
3. Child Neglect
Child neglect is any action that deprives a child of their age-appropriate needs.
Child neglect includes some of the following situations:
- lack of supervision
- failure to provide emotional needs
- failure to provide psychological needs
- lack of medical care
- lack of nourishment
- lack of shelter
- lack of clothing
Neglect and abuse are easy to prove if you’re wondering how a mother can lose a custody battle.
And if you’re wondering how to prove a mother is unfit to take care of the child, document neglect and abuse.
Videos are the best form of evidence.
They have the ability to capture the audio as well.
And pictures can get exported from the video itself.
4. Addiction to Drugs
If a mother has a drug or alcohol addiction, it’s a possible reason for the mother to lose child custody.
If the mother does not lose custody, then she cannot be with the child without supervision.
Judges prevent this since addicts have a higher likelihood of abusing or neglecting the child.
In severe cases of addiction, the court may order in-patient detoxification.
If she does not comply, the mother can lose parental rights permanently.
But what if the mother can prove that she has gotten rehabilitated?
The mother can get child custody again.
She can prove rehabilitation by showing evidence of attending:
- substance abuse therapy
- Alcoholics Anonymous
- Narcotics Anonymous
- addiction counseling
- passing drug tests
If the mother has addictions, the mother can lose custody to the father easily.
Judges believe that mothers who get addicted to drugs or alcohol struggle to provide for the kids.
When a mother loses custody of her child due to addiction, it’s hard to regain child custody.
You will need a REALLY good child custody lawyer.
And you better be clean if you’re trying to figure out how to get custody back from the father.
5. Inability to Care for the Child
The inability to care for the child is a reason a mother can lose child custody.
Inability is the mother suffering from a mental or physical disorder that puts the child at risk of harm or neglect.
For example, a parent paralyzed by a car accident is a reason to lose custody of a child.
A mother can lose custody because being paralyzed renders them unable to physically care for the child.
But if she is unable to physically or mentally take care of the child, the mother won’t automatically lose custody.
The judge will give the mother the opportunity to solve the inability to care for the child.
If there are medications or assistance in the home that can help, the mother won’t lose custody.
Mental illnesses taken into consideration for child custody include, but are not limited to:
- bipolar disorder
It’s not cut and dry that the mother will lose child custody if she has these mental illnesses.
The courts will take into consideration:
- the severity of the illness
- available treatments
- the willingness of the mother to get treated
If the mental illness will definitely affect the child’s safety, then that’s a reason a mother can lose custody.
Can a Mother Lose Custody for Not Having a Job?
There is no need for a mother to have a job to get custody.
So, a mother cannot lose custody for not having a job.
Not having a job is not one of the reasons mothers lose custody of their children.
How Can a Mother Lose Custody to the Father?
A mother can lose custody to the father is she is deemed unfit to raise the children.
When it comes to how can a mother lose custody to the father, it boils down to:
- she has been abusive
- she has been neglectful
- she has failed to provide proper care for the child
How to Get Custody of a Child From an Unfit Mother
Wondering how to get custody of a child from an unfit mother?
If you want to prove a mother is unfit, you’ll need to start collecting evidence.
When you see the mother neglecting or abusing the child, get a video of what you are witnessing.
The video will allow you to provide audio with your evidence.
The video will allow you to ask the child what’s going on or help you document you confronting them.
Video evidence will build your case more easily than photos.
Remember that when you are recording to prove a mother unfit, there will be a confrontation.
Don’t be confrontational with the mother.
Simply document what’s going on.
If you become confrontational with the mother, this could negatively affect you.
What Not To Do During A Custody Battle
When you’re in a custody battle, you need to walk the line.
Everything you do during a custody battle is affecting your chances to get child custody.
When it comes to how can a mother lose custody of her child, the courts are watching your every move.
They are measuring you against your ex.
They are determining what is in the best interest of the child.
Should they revoke the mother’s right to her children?
Is the mother unfit to take care of the child?
Any slip up that you make can be the reason a mother can lose custody.
Let’s dig into what not to do during a custody battle.
- Don’t rush to move in with a new partner.
- Don’t lie to make yourself look better.
- Don’t cut your child off from the other parent.
- Don’t ghost anyone.
- Don’t get into verbal or physical altercations with your ex.
- Don’t skip child support payments.
- Don’t damage your ex’s property.
- Don’t mess up the custody or visitation schedule.
- Don’t travel without notifying your spouse.
These are what not to do during a custody battle.
But that’s not a list of EVERYTHING that you should not do during a custody battle.
The court wants to make sure that giving you custody is in the best interest of the child.
Just don’t act shady or be difficult.
Be easy to work with and play by the rules.
If the father turns out crazy and loses custody, that’s how you win full custody for mothers.
Keep a level head during the custody battles with your ex.
Remember that the courts will do what’s in the best interest of the child.
That means that they want to give both parents 50/50 custody.
They don’t want to keep one parent from the child.
Just follow the list of what not to do during a custody battle and you should be good.
How Can A Mom Get Full Custody
How can a mom get full custody?
I’m glad you asked.
The first step for a mother to get full custody is to file for it.
File a petition for child custody at your local county’s Superior Court.
If you are filing for divorce with children, the request for child custody will be a part of your divorce papers.
If you and your spouse can agree on the mom getting full custody, that’s the best route to take.
(My dad gave my mom full custody when I was born.)
If both parents can agree on full custody for the mother, the judge is very likely to agree to it.
If the other parent does not agree to full custody for the mother, it will be tough to get it.
The only reason the court would allow full custody for mothers is if the other parent is unfit.
Full Custody for Mothers
The courts provide full custody for mothers if they can prove that shared custody is not in the child’s best interests.
A mother can get full custody if she can prove one of the 5 reasons parents lose custody.
The assumption is that children need close and ongoing relationships with both parents.
With that, joint custody gets preferred over full custody for mothers in the eyes of the courts.
How Do I Get Custody of My Son?
Wondering how do I get custody of my son or daughter?
The following steps are how you get custody of your child.
- Speak with a child custody lawyer.
- Have a good understanding of your child custody laws.
- Fill out the child custody forms.
- File the child custody forms at your local Superior Court.
- Schedule a court date with your child custody lawyer.
- Attend the child custody hearing.
- Present your case to get custody.
- Wait to hear back from the courts on the final decision.
When trying to get custody of your child, it’s important to have a very good child custody lawyer in your corner.
They will know:
- how to present your case properly
- how to emphasize that your ex is unfit
- how to negotiate with the other lawyer
- how to properly fill out the child custody forms
When you’re trying to get custody of your children, you don’t want to leave it up to chance.
Get a lawyer who has experience getting full custody for mothers.
Even if you’re not trying to figure out how can a mom get full custody, they will still have the best experience.
This is important so that you aren’t another mother losing custody of her child.
Your ex’s lawyer is trying to exploit all the reasons a mother can lose custody to the father.
How Can A Father Lose Visitation Rights
Are you wondering how can a father lose visitation rights?
If you’re trying to get full custody as a mother, then probably so.
A father can lose visitation rights the same way a mother can.
The judge will deny the father visitation rights if they feel it’s in the child’s best interest.
Some common reasons the father can lose visitation rights are:
- the father is not paying child support
- the father has a new partner with a criminal record
- the father has a drug or alcohol addiction
- the father has abused the child
- the father is likely to abduct the child
If the father has visitation rights per court order, it’s illegal to deny him visitation.
Sometimes there is fear the father will emotionally or physically harm the child.
In this case, the mother can deny visitation rights to the father.
But before she denies visitation to the father, she has to notify the authorities.
The mother should reach out to her child custody lawyer if she feels she needs to deny visitation to the father.
That way, she can deny visitation legally and not get into trouble with the authorities.
How to Get Custody Back from Father
A mother losing custody to the father is not always permanent.
Let’s talk about how to get custody back from the father.
What went wrong?
Judges have a legal obligation to do what’s in the best interest of the child.
Figure out what you did wrong to lose custody of your child.
Being in denial here and blaming others won’t help you get back custody from the father.
You have to self reflect and fix the problems before you can get child custody back from the father.
Seek legal counsel.
Hiring the best child custody lawyers the best way to figure out how to get custody back from fathers.
They will have experience winning other, similar family law cases.
Explore your contingencies.
Sometimes a mother’s rights to her child get stripped away because of a specific event.
Maybe the mother lost child custody because of addiction or a mental illness.
In these cases, the mother can get custody back if she fixes these issues and shows proof to the courts.
And if the mother loses custody because the judge assumes she is unfit, don’t argue it.
Whether it’s true or not isn’t relevant.
What’s more important is that you listen to the judge’s concerns and you take action to fix them.
Let’s say the judges say that they are concerned about drugs.
You should attend Narcotics Anonymous and bring proof of clean drug tests to the next hearing.
This will prove to them that you are serious about being a good parent.
Follow court orders.
Show up to every hearing.
Abide by the orders that the court gives you.
Try not to reschedule appointments with your child’s guardian.
Be easy to work with.
While you’re trying to get custody back from the father, be easy to work with.
Show up for your child and be there for every visitation.
Do not create arguments with your ex.
Be polite and courteous when picking up your children.
You don’t want the father to have anything against you when you’re trying to get custody back.
Is the Father Refusing to Return the Child?
If the father refusing to return the child to you while you’re still legally married?
If so, file an emergency motion with your local Superior Court to determine visitation and custody.
Always file an emergency motion if the father is refusing to return the child.
This is because the courts will provide you with a hearing in a couple of days versus a month.
Do I Have the Right to Know Where My Child is During Visitation?
Each parent has the right to know where my child is during visitation.
They also have the right to know who the child is with during visitation.
- significant others
But they are only supposed to let you know who the child is with if the kids get left with that person.
If I Have Sole Custody Do I Have to Allow Visitation?
If you have sole custody, you have to allow visitation.
The only reason you would not have to allow visitation is if you have court approval.
If you have sold custody of your child, that means that you have full physical and legal custody.
Full physical custody means that the child lives with the mother full time.
Full legal custody means that the mother makes all the major decisions for the child.
Will Police Enforce Child Custody?
Police will enforce custody if there is a court directive for them to enforce child custody.
If there is not a court directive, then the police will not enforce child custody.
Without a court directive, disputes over child custody are civil matters.
About the only thing that the police will do in a child custody dispute is to show up.
They will only be there to prevent a domestic dispute from escalating.
In short, no, the police will not enforce child custody.
The Father Doesn’t Pay Child Support But Wants Visitation
If the father doesn’t pay child support but wants visitation, you cannot deny visitation.
Visitation and child support are two separate issues.
A father who does not pay child support cannot get denied visitation.
If you deny the father visitation, there are legal repercussions.
You may have to make up the father’s missed visitation.
You could even lose custody in extreme cases if you deny the father visitation.
If the father fails to make child support payments, they can get fined and jail time.
But you will have to go court to get this order from the judge.
What Happens if the Non-Custodial Parent Misses Visitation?
So, what happens if the non-custodial parent misses visitation?
While the judge can’t force the parent to be a parent, there are some legal actions they can take.
If a non-custodial parent misses visitation, the judge can order the non-custodial parent to:
- attend and pay for parenting classes
- attend and pay for family counseling
- pay a fee to the custodial parent for each missed visitation
- change the custody agreement, limiting access to the child
- attend (and pay for) mediation to resolve issues
If the non-custodial parent misses visitation repeatedly, they can lose parenting time altogether.
But what should you do if the non-custodial parent misses visitation?
You need to make sure that the school or care center has a copy of the court order.
They will also need contact information for the non-custodial parent.
If the child is not picked up, they should contact the parent who has visitation that day first.
You should keep detailed notes for when the non-custodial parent misses visitation.
If they continue to miss visitation, this will help you present your case.
If the non-custodial parent misses visitation too much, you are having to care for the child more.
This means that you may also get entitled to more child support from them.
It depends on how well versed your attorney is on the child support laws.
You can get an idea of how much you can get with this child support calculator.
Getting Custody Back From Grandparents
For getting custody back from grandparents, you will need to end their guardianship.
The grandparents can get custody if the parents have major marital problems or addictions.
If the grandparents get custody, then they can make all the decisions in a child’s life.
The parents can request that guardianship get terminated.
But the parents will have to prove that they have solved the marital or abuse problems.
When considering whether the parents should be getting custody back from grandparents, they will look at:
- The child’s best interests.
- Can they provide a stable living environment and be fit parents?
- Does the child want to live with them (if they are 12+ years old)?
If you have already lost custody of your child, you’re going to have a hard time getting custody back from the grandparents.
Hire a child custody lawyer to represent you when regaining custody of a child from a grandparent.
They know how to get custody back from a grandparent.
They know the reasons parents lose custody of a child.
They will help you clean up your home situation.
They will fill out all the child custody forms correctly.
If you need counseling, mediation, or therapy, they will help guide you through this process.
This will give you the best chances at getting custody back from the grandparents.
What If A Non-Custodial Parent Does Not Return The Child?
If a non-custodial parent does not return the child, this can be considered kidnapping.
It’s important to note that if you do not have court-ordered custody, the law will not view this as kidnapping.
Both parents have equal rights to the child.
But a court order laying out custody overrides the equal rights.
With equal rights, the parents can go wherever they want with the child, whenever they want.
But let’s say one parent takes the child to a second, unknown location to deny visitation.
When a non-custodial parent does not return the child to deny visitation, this is parental kidnapping.
This is true even if there is a custody decision.
If you have a child custody attorney, call them immediately.
If you do not, then consider calling the authorities.
But this depends on how late the non-custodial parent is.
If the non-custodial parent is only an hour late, the authorities MAY not get involved.
But what if you truly believe there’s a chance the non-custodial parent does not return the child?
In this case, you should take action to protect your child and call the authorities.
Over to You
If you need help with getting child custody, fill out the form below.
We will get you the child support that you deserve.