Following a divorce, legal battles around who gets child custody in Houston may ensue. While mothers were automatically given sole custody of their children in the past, this isn’t the case today.
Nowadays, a mother can lose custody of her children. However, the court requires sufficient evidence of abusive conduct by the mother where she failed to make decisions based on the child’s best interests.
Below, we discuss ways or behaviors that could cause a mother to lose child custody in Houston.
Child abuse
A mother who is proven to have psychologically or physically abused her children may likely lose custody of her children.
Examples of physical abuse include physical torture, burning, biting, scratching, kicking, hitting, or any other type of injury inflicted on the child by their mother,
Verbal, emotional, and psychological abuse are also severe grounds for having custody revoked. This kind of abuse can manifest in various ways, including being indifferent or ignoring a child, humiliating, ridiculing, or demeaning a child, and making a child feel worthless and/or rejecting them.
Social workers, child psychologists, and other experts in the field are trained to look for behavioral and social abuse signs. These signs may include rebellious behavior, anger management issues, anxiety, depression, eating or sleeping disorders, and problems in school.
Neglect
Child neglect is a form of abuse that comprises things like not supervising your child, not keeping them well-groomed and clean, or not providing shelter.
Neglecting to provide a child’s basic needs are grounds for revoking child custody in Houston. Neglected children are disproportionately exposed to threats or danger to their safety.
It is important to note – rare or minor infractions will not cause you to lose your child. However, consistent neglect in the long-term is an infraction which the courts cannot ignore.
Physical abuse of the partner
Reports and sufficient evidence proving that a mother abuses other household members can prompt courts to strip a mother of her custodial rights.
Children shouldn’t be exposed to domestic violence as this can damage their psychological development. Additionally, domestic violence exposes children to possible harm. It can escalate any time, which isn’t a conducive environment for a child to grow in.
A father obtaining a domestic violence restraining order petition and requesting sole physical and legal custody of a child or a mother being arrested by officers of the law because of an incident of domestic violence may be grounds for courts to revoke a mother’s custody rights.
Making false allegations of abuse
A mother fabricating lies about abuse against their former spouse can lose child custody if these accusations are proven to be false.
If the courts discover that the mother used her children to deceive the court and lawyers, her custodial rights and visitation rights may also be rescinded.
Alcohol and drug abuse
A mother who depends on substances or any other prohibited substances has a higher chance of having her visitation and child custody rights in Houston rescinded.
A dependency questions the mother’s ability and fitness to take care of her children. Proven data shows that children of alcoholics or drug addicts have a higher risk of imitating their parent’s behavior, being abused, or suffering from neglect.
Alienation of parents
When parents share custody and visitation rights, both parties are legally bound to the custody agreement.
Mothers who physically withhold children from the other parent or attempt to damage the image of their former spouses are responsible for parental alienation.
Making degrading or derogatory comments about a former spouse in an attempt to turn children against them is also unacceptable and may lead to custodial and visitation rights being limited.
Serious mental health issues
Mothers who suffer from mental health conditions are less likely to keep custody of their children. A report by Mental Health America found that, compared to parents who do not suffer from mental health conditions, the rates of losing child custody rights for those with mental health conditions range between 70 to 80%.
In cases like this, courts may order parents to undergo interviews and counseling, and psychological testing before giving a ruling.
Court Order Violations
Other factors may cause a mother’s rights to custody to be revoked. Non-conforming behavior, particularly when it points to the inability to raise children with their welfare in mind, can prompt the courts to transfer custody to a more competent guardian or parent.
Child custody cases usually depend on several circumstances, and decisions may sometimes be reversed if challenged based on specific grounds.
