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When can a mother lose custody of their child?

On Behalf of | Feb 3, 2025 | Child Custody And Support, CUSTODY & VISITATION - Child Custody |

Mothers traditionally have been seen as the primary caregivers and often receive custody. However, there are specific circumstances under which a mother can lose custody of her children. When might a mother lose custody in New Jersey?

1. Neglect

Neglect is one common reason a mother can lose custody. This can include failing to provide necessary food, shelter, clothing and medical care for the child. If a mother is unable or unwilling to care for her child, it could result in a change in custody.

2. Abuse

Any form of abuse towards a child is a serious concern and can lead to the mother losing custody. Courts take allegations of abuse very seriously, and such situations child protective services will thoroughly investigate these issues. If they find that a mother has abused her child, she may lose custody.

3. Substance abuse

If a mother struggles with substance abuse, whether it is drugs or alcohol, and it affects her ability to care for her child, the court may remove her custody rights. In such cases, parents must generally attend rehabilitation and provide proof of recovery to regain custody.

4. Violation of custody orders

A mother who repeatedly violates custody orders, such as not adhering to visitation schedules or taking the child without permission, risks losing custody. Parents must follow these orders unless they have them legally modified.

5. Mental health issues

Significant mental health issues that impair a mother’s ability to care for her child safely and effectively can lead to a loss of custody. However, these issues require proper evaluation from mental health professionals and proper documentation.

Especially where there is a risk of losing custody, it is vital to have knowledgeable legal representation. Hiring a skilled Mt. Laurel child custody lawyer can make a significant difference in the outcome of your case. A competent lawyer will guide you through the process, help you understand your legal options, and work diligently to achieve a favorable outcome.

By understanding the conditions under which a mother can lose custody and taking proactive steps to address any issues, mothers can better prepare for custody proceedings and protect their connection with their child.

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