Mothers can lose custody of their children. I have a 7 and 8 year old. Michelle L Abellana says. Custody laws are supposed to be gender neutral and many courts a living up to the rules, and this means that when the facts of a given case are presented in the courtroom, a judge may determine that it is in the best interests of the child to live primarily with the father, not the mother. Here are the top reasons why. Even if alcoholic or drug addict, Court will send mom to rehab and still get the kids. What do judges consider an unstable enviroment for a mother not to have their children? Judges make decisions based on the “best interest” of the child or children but joint custody is assumed until further information is gathered. First, all divorcing couples begin with joint custody rights. My son just lost a 50 50 custdy battal because the mother lied about everything. Unless there are extenuating circumstances, some form of joint custody is the most common. I was awarded full custody. Generally speaking, any parent or guardian can be deemed unfit based on their actions or conduct. However, the fitness of the primary caretaker is, of course, an important consideration in determining the best interests of the child. Although one parent may have primary physical custody, both parents typically share joint legal custody. Let’s look at the top five ways that a mother can lose custody. Considerations will vary by court, by state, and even by the judge. Even worse, some may even use custody as a means of “getting revenge” on the other parent, and thus the fight may escalate into a tooth-and-nail extension of the relationship issues. Approximately 50% of all custody cases today end with the father getting sole custody, but there are still some reasons fathers lose custody … Reply. In this article about custody battle tips for mothers, we are going to tell you something you deserve to know - the blunt truth.We will guide you through the following. Hello moms. The truth about the California family law system, February 28, 2020 at 10:20 am. The court mixes and matches these elements as they best fit a situation. In the context of family laws, an “unfit mother legal proceeding” is a legal proceeding in which a mother’s ability and willingness to raise a child or children is examined by the court. In the past, mothers automatically received custody simply because they were the primary caretakers, but not anymore. Here are over 50 essential custody battle tips for mothers. When determining the mother’s rights to child custody, the court will first consider whether or not the child was born out of wedlock. So what I’m asking do I have a chance to try and get primary custody and the mother only get visitation due to her situation. In custody cases, it is presumed that a parent seeking custody is able to meet the child basic needs, which include food, clothing and shelter. Psychological Evaluations in Custody Cases. After all, both parents want custody of their children and may both think that their little ones are better of with them rather than the other parent. Example: A father may have sole physical custody but share joint legal custody with the mother. Do you feel as if you need to protect your child from your child’s mentally unstable mother or father? My spouse was mentally unstable and we were able to prove it. The standard for acceptable living accommodations is based on the child's and the parent's individual circumstances. All nice words in the article but in reality in Tennessee in the majority of custody cases the mother gets the kids. True sole custody is rare since the courts try to keep both parents in a child’s life. Custody rules that apply to unmarried parents often vary based on jurisdiction. Reply. 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