Losing custody of your precious child is something that any parent doesn’t want to experience, ever. But courts have a duty to prioritize a child’s best interests above anything else, and in some instances, this means taking away a parent’s custody rights.
Losing custody could be either permanent or temporary depending on why the parent lost custody in the first place. But for a court to remove a kid from the custody of a parent, it should have an immensely compelling and justifiable reason.
Neglect, Abuse, Violence, Drugs
The most common reasons courts provide for stripping a parent’s custody rights include domestic violence, neglect, abuse, drugs and court order violations. For instance, in the event that the kid has been neglected or abused, the court would order the removal of the child under the abusive or negligent parent’s care.
If a medical professional suspects that a child has been abused, Child Protective Services (CPS) can take the matter in their own hands and get the kid while they wait for the court to decide on the matter in the event that they find proof of neglect or abuse. Additionally, you could face criminal charges if the court finds ample evidence of neglect or abuse.
If you get convicted or arrested based on a charge of domestic violence or some other criminal charge, the court would most likely order the state or CPS to have custody of the child.
Essentially, your crime should be something that would persuade the court that continuing to give you custody of your child is against the kid’s best interests. In some cases, even the presence of illegal drugs might suffice if there’s evidence that your child was present or exposed to during drug use.
What If You Violated a Court Order?
Aside from violations of criminal conduct, the court could strip your custody rights if you violate a court order. For parents in the midst of a divorce and custody battle or those who have previously gone to court for custody hearings, there might be existing orders that they should be following.
Common orders include co-parenting or joint custody schedules, going to counseling or parenting classes, as well as submitting to random drug testing. While minor violations won’t automatically result in losing custody, major and repeated violations such as testing positive during a drug test or failing to consistently comply with court orders, might.
What If You Lose Custody?
When consulting family law attorneys in Colorado Springs about what to do if you lose custody, the one thing you’ll hear from all of them is always to do whatever the court wants you to do. Keep in mind that this is the best time to communicate to the court of your commitment to your child.
So if the court orders that you go to counseling or attend parenting classes, act immediately. Remember that courts are very strict with regards to custody because they need to act based on your child’s best interests, and that they usually offer parents opportunities to regain custody of their child.