Without any doubt, according to a practiced family law attorney in Orange County, mothers can and do lose custody battles to father. Fathers often think there is a bias against dads in family court. However, the reality is different. Not only is there not a bias but there are proven ways on how a mother can lose a custody battle to a father. In this informative guide, we walk through some of the ways mothers lose custody of their child.
How does a mother’s physical abuse cause her to lose child custody?
Physical abuse is a legal basis for a mother to lose custody of the child. If you as the father allow physical abuse to continue and do not act, you may be committing child neglect. You have a duty to protect your child. There is no time to waste. There is no time to waste. There is no better time than now to remove a child from a physically abusive situation.
You may be concerned regarding the custody battle ahead. You may believe the mother will deny the allegations. That is not a reason to allow a child to remain abused. A custody battle against an abusive mother can and should be won. An experienced San Bernardino family law attorney can show you how.
Mother’s physical abuse of the child as a reason to lose custody
A mother loses custody of the child due to physical abuse of the child in any of the following ways:
- A report of the physical abuse to the proper law enforcement, who then takes action.
- A report to social services, at times, called child protective services, who then opens a case and investigates the allegations. Child protective services has the power to remove a child from a physically abusive home and temporarily provide custody to the non-abusing parent or even other family members. That may then result in a “Dependency” court action.
- A Family Court action where the father files a request for order with the court. This request for order tells the court regarding the mother’s abuse. It usually takes the court to award the father sole legal and sole physical custody with professionally monitored visitation to the mother.
Mother’s physical abuse of the father as a reason to lose a custody
A mother loses custody of the child as a result of physical abuse of the father in several different ways. Law enforcement arrested the mother due to a domestic violence incident. This typically results in the father receiving an emergency protective order from the police and a possible criminal protective order from the criminal law judge. The criminal protective order takes place if the district attorney or city attorney prosecutes the mother.
The domestic violence of the father restraining order petition in Family Court, where the father requests sole legal and sole physical custody and likely supervised visitation for the mother.
If you are in search of a practiced Riverside divorce attorney, feel free to get in touch with The Law Offices of Sood and Sood!