How a Mother Can Lose Custody of Her Child in Ohio
A mother can lose child custody in several ways in Ohio. Here’s everything you need to know about 5 ways a mother can lose child custody in Ohio.
A mother who neglects or puts her child in potential danger is at risk of losing her child in an Ohio divorce. If she lacks responsibility for the child care, the court may consider a better-fit guardian.
Child Abuse
A mother who physically or emotionally abuses their child may lose custody. If the child cannot communicate the abuse they experience, psychologists or social workers may observe other signs of abuse to confirm the allegations.
Physical Abuse includes:
- Hitting
- Kicking
- Scratching
- Biting
- Burning
- Physical torture
- Sexual abuse
Emotional abuse includes:
- Rejecting the child or making them feel worthless or useless
- Demeaning, ridiculing, humiliating the child
- Terrorizing a child through threats of physical violence, destruction of their possessions, or abandonment
- Isolating a child or preventing them from socializing with others
- Exploiting, manipulating, or corrupting a child
- Encouraging them to engage in inappropriate behavior
- Ignoring the child
Related: Assisted Reproduction Laws in Ohio
Any signs such as sleep deprivation, trouble in school, eating disorders, mental instability, or troubling behavior may indicate abuse.
Abuse may include a mother abusing others in the home. In this case, she would also be unfit for custody. Any kind of domestic violence does not benefit of the child and may cause several damages to the child, including if the mother makes false accusations about abuse happening in the home. This action may require her to forfeit custody and visitation rights.
Serious Neglect
A mother may relinquish child custody if she neglects the child’s needs and rights.
Neglect Includes:
- Not providing the child with an education
- Not providing necessities like food, water, or shelter
- Not caring for the child’s hygiene
- Not keeping up with the child’s health and important appointments
- Not supervising the child
Minor things like not taking a child to school one day would not be a part of neglect. The mother’s neglect must be reoccurring and a serious threat to the child.
Related: Establishing Paternity in Ohio
Drug and Alcohol Abuse
A mother dependent on a non-prescribed prohibited drug may lose custody of her child. Children with mothers who have substance abuse are more likely to have substance abuse later in life. There is also a greater risk that the child will be subject to abuse, neglect, and danger. Failing a drug test does not automatically give up her parental rights but it may skew a court’s decision.
Failure to Commit to Parental Responsibilities
If the mother puts other priorities above her child, she may be at risk of losing custody. Obligations like traveling on business trips or active duty in the military will be taken into consideration by the court. If she will not be there for the child consistently, this would sway the court. A mother with severe mental health issues that would stop her from committing to parental responsibilities may also lose custody. The opposing party must provide evidence the mother has mental health issues that would make her an unfit parent. The mother may undergo psychological testing, counseling, or interviews to determine eligibility.
Violation(s) of Court Orders
A court violation of any kind may lead a mother to lose her custody rights. If custody rights have already been set in place and she violates them, she may lose custody. A violation may look like a mother with equal custody not equally caring for the child or violating the child’s time with the other parent. Unauthorized long trips with the child would also violate of court orders if the parent did not report the trip nor did the court approve the trip. If the other custodial parent does not agree to a trip with the trip, this also violates court orders.
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If you or a loved one would like to learn more about the ways a mother can lose custody of her child in Ohio, get your free consultation with one of our child custody attorneys today!