How do you lose custody of your child
7 Ways To Lose Custody of Your Child: Moms and Dads
Parents often wonder how a mother can lose custody of her child. The truth is mothers can lose custody in the same way as fathers.
It's a common misconception that family courts favor mothers, when in fact, no state has laws favoring mothers in custody decisions. Many states actually have laws that prohibit family court judges from considering either parent's gender.
Custody cases in all states are decided based on the child's best interests.
Contrary to popular belief then, a mother — just like a father — can lose custody if the court decides that it's best for the child.
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It's generally considered best for both parents to be involved in their child's upbringing. When a parent loses custody, judges still typically order some limited parenting time for them, such as supervised visitation.
Family courts often set conditions to allow the restricted parent to eventually earn unrestricted or additional time with the child. For example, if a mother loses custody for drug abuse and has supervised visitation, the court may allow her to have unsupervised visits after completing addiction treatment and participating in drug testing.
How a mother or father can lose custody
In all states, the court's primary concern is the child's physical safety and caretaking needs. Family courts also ensure that children have stable homes and are secure with both parents.
If a mother or father poses a risk to their child's safety or security, the other parent can ask the court to order sole physical custody to restrict the unsafe parent's time with the child and sole legal custody to limit their role in making decisions about the child.
1. Abusing or neglecting the child
If a parent physically abuses or neglects their child, courts typically award sole custody to the other parent.
Child abuse is defined as any non-accidental physical harm to a child caused by a parent or caregiver. It includes hitting, punching, whipping, burning, hair pulling, shoving, throwing, choking and any other action that causes physical injury. Physical discipline (e.g., spanking) is not considered abuse if it does not injure the child. (However, experts recommend non-physical discipline.)
Sexual abuse occurs when a parent or caregiver uses a child for sexual purposes or involves the child in sexual acts. It also occurs when an older or more powerful child uses a younger child for sexual acts. Parents who sexually abuse their child or knowingly put them at risk of sexual abuse typically lose custody and, often, parental rights.
Emotional abuse includes not offering affection, shaming the child, telling them they're unwanted, yelling at them and keeping them isolated from others. Courts consider emotional and psychological abuse when determining custody, especially if a parent has mental health issues that negatively impact their parenting (e.
g., if a parent is a narcissist).
Neglect is a form of abuse in which a parent fails to meet the child's care needs. Physical neglect includes not caring for the child's hygiene and not providing adequate shelter, food or clothing.
Leaving a child alone or with inadequate or dangerous caregivers is also considered neglect. Educational neglect occurs when a parent doesn't enroll the child in school, allows them to miss a lot of school or ignores their special education needs. Medical neglect is failure to ensure the child receives necessary or recommended medical care.
2. Using alcohol or drugs irresponsibly
If a parent's alcohol or drug use impacts the child, or if a parent has untreated alcohol or drug addiction, courts will most likely restrict their parenting time to supervised visitation. Illegal drug use, even if the parent hasn't been convicted of a drug crime, can also cause a parent to lose custody.
Additionally, many states have laws addressing child custody and convictions for driving under the influence (DUI).
In Arizona, for example, the court can deny or restrict parenting time for a parent who has a DUI conviction within 12 months of the custody dispute.
If a parent who formerly abused alcohol or drugs has received treatment and is otherwise a safe parent, courts will most likely not restrict their custody, especially if they've been in recovery for a significant amount of time. The court may require drug testing or evidence of ongoing treatment.
How cannabis use impacts custody depends on the state's laws and if the parent's use affects the child. Like moderate and safe alcohol use, the court may not consider it a risk if the parent uses it legally, safely (e.g., no driving under the influence) and only when they're not around the child.
However, if the parent uses cannabis illegally or endangers the child through their use, the court may limit their custody. It's also important to remember that cannabis is still illegal under federal law, even in states that have legalized.
Depending on the court and judge, even legal recreational use could be viewed as criminal activity that endangers the child.
3. Abducting the child
Parent–child abduction — also called parental kidnapping and custodial interference — is a crime that occurs when a parent keeps the child from the other parent with the intent of interfering with that parent's custodial rights.
When this happens, the parent who abducted the child often loses custody, especially if they took the child over state lines or to another country, or if they caused the child psychological or physical harm.
However, if the victim keeps the child away from the other parent in order to protect themself or the child from abuse, the court may not consider it a crime or hold it against them in custody decisions.
4. Disobeying court orders
Custody orders — often issued in the form of a parenting plan and a parenting time schedule — are legal mandates that both parents must follow. Depending on the number and severity of the violations, disobeying court orders can result in loss of custody and even criminal charges.
For example, repeatedly being very late to drop off the child is not only disobeying court orders, it can be considered custodial interference or parental kidnapping, which are crimes.
Violations prevent effective co-parenting and can negatively impact the child, so courts take them seriously and often limit the custody of the violating parent.
Disobeying child support orders, however, is typically not grounds for losing custody. A parent who fails to pay child support may face civil or criminal charges, but courts do not take away their parenting time. Additionally, the other must still follow the court orders, including the parenting schedule.
5. Interfering in the child's relationship with the other parent
Family courts emphasize the importance of children having ongoing, healthy relationships with both parents. This is why joint custody is the most common arrangement. It's also why a parent who tries to minimize the other parent's role in the child's life without a reasonable cause (e.
g., protecting the child's safety) may lose custody.
In addition to preventing the child from seeing the other parent, interfering with the child's relationship with the other parent includes badmouthing them to or in front of the child, lying about them and discouraging the child from wanting to spend time with them.
Parental alienation is a severe form of interference in which a parent deliberately manipulates their child to turn against the other parent. There are currently no state laws that specifically address parental alienation, but many child custody experts consider it abuse. Family court judges often rule against the alienating parent and may order individual or family counseling.
6. Lying to the court
Lying in court paperwork or to the judge can also impact custody. While lying to the court (perjury) is a crime, family courts rarely pursue charges against a parent for lying. Instead, judges consider the dishonesty evidence that the parent won't support the child's relationship with the other parent or co-parent effectively.
In these situations, judges often rule in favor of the other parent.
In particular, courts do not look favorably on parents who lie about child abuse or domestic violence. Many states, including California, Florida and New York, have laws that empower judges to restrict custody for a parent who knowingly makes false abuse allegations.
7. Generally putting the child at risk
Other behaviors and parenting issues that put the child's physical and emotional well-being at risk can also cause a parent to lose custody.
Convictions for crimes or evidence of criminal activity, especially if the crimes are violent or if the victim was a child, typically cause a parent to lose custody.
When evaluating possible risks to children, courts also consider who lives in each parent's home and who spends time around the child. For example, if a parent's romantic partner has a criminal record or abuses drugs, judges often consider this a risk to the child and limit that parent's custody.
Irresponsible parenting — e.g., having lax rules, encouraging reckless behavior, not monitoring media content — can also be used as evidence that a parent isn't adequately caring for their child. If the irresponsible parent puts the child at significant physical, emotional or psychological risk, courts may limit their custody and order them to complete parenting classes.
Unemployment in and of itself will not cause a parent to lose custody. However, if a parent is unable to financially care for their child and issues of neglect arise, a judge may award custody to the more financially-stable parent. A parent who pays child support must still make payments if they lose their job, but they can ask the court to modify their child support order when they have an involuntary job loss.
Child custody evaluations
When the child's saftey is a concern, disputed cases typically include a custody evaluation, in which a court-ordered expert (often a mental health professional) evaluates parents' ability to adequately care for their child.
The evaluator reviews the family's records and interviews the parents. Often, they also interview the child and others who know the family. The evaluator writes a report for the judge that summarizes everything and makes custody recommendations. Judges don't always order what the evaluator recommends, but they typically give the reports great weight.
Either parent can request an evaluation, and judges often order them of their own accord when they need more information. In many courts, custody evaluations are automatic if child abuse is alleged or suspected. Courts may also appoint a guardian ad litem to investigate the family and represent the child's best interests in court.
Modifying orders
Either parent can ask the court to modify existing custody orders and request sole custody. If the child is in immediate physical danger, courts can issue an emergency order to protect them from the unsafe parent.
Remember that family courts don't take what parents say at face value — they require proof (evidence) of every claim made in court paperwork and proceedings.
In addition to reports from custody evaluators, common custody evidence includes photos, emails, text messages, social media posts, family calendars and official records (e.g., medical, school, criminal, child protective services).
The tools you need to seek custody
The Custody X Change app has many features that help you organize the evidence you need so you can seek custody and help secure your child's safety.
- Create a detailed parenting plan that spells out every aspect of co-parenting in airtight legal language and shows the judge your competency.
- Make a custom parenting time schedule that meets your child's needs and supports their relationship with the other parent.
- Keep a custody journal to electronically organize evidence, document incidents and keep a record of parenting plan violations.
- Track actual parenting time and get reports showing parenting time violations.
- Use the secure messaging center to keep an accurate record of your conversations with the other parent.
- Link your account to your lawyer's and print your journal, reports and messages so you can submit them to the court as evidence.
Use Custody X Change to stay organized and get what's best for your child.
Custody X Change is software that creates parenting plans and custody schedules.
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Custody X Change is software that creates parenting plans and custody schedules.
Make My Plan8 Reasons to Lose Custody of a Child That May Surprise You
by B. Robert Farzad
What are the reasons to lose custody of a child?
Some of the reasons that cause a parent to lose custody of a child will surprise you. Some of the reasons will not.
Each of the reasons to lose custody of a child will educate you on what it takes inside a family court for a judge to take custody away.
This article provides insight on what the most common and uncommon reasons are a parent may lose custody of a child.
It also explains how particular facts of a case may have an impact on a family court's decision. We even give you examples!
What will you learn in this article?
You will learn that losing custody of a child is often the result of child abuse, neglect, knowingly false allegations of child abuse, or a finding of domestic violence.
These are all actual or potential grounds to get full custody of a child.
And when you have proper legal grounds and evidence to back up your claims, you give the judge a reason to change custody.
You will also learn how a failure to co-parent and even parental alienation could be a reason to lose custody of a child.
The reasons to lose custody of a child written in this article are not the only ones that exist.
This article is intended for those who have a child custody matter in California or expect to have one.
What we write only applies to California. This article is not legal advice. Please don't use it as a substitute for legal advice.
Testimonials are not a guarantee, warranty, or prediction regarding the results you may obtain in your case. Every case is dependent on its own facts.
Here is a handy list of topics we cover.
Child Custody Table of Contents
If you want to skip ahead, click on each chapter image to scroll down to that section. Within each section, we get into what it may take to lose custody of a child if a parent commits any of the following acts.
If you prefer watching a video on what it takes to lose custody of a child, enjoy the video below. If you really want to understand the subject on a deep level, watch the video before reading this article.
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We hope you enjoy this video on some common and surprising reasons to lose custody of a child. Here is also a transcript of the video for those with disabilities.Some parents should lose custody of a child
If you are facing an abusive, neglectful or unreasonable parent in a child custody case, you need help.
It takes courage to stand up to a bully.
A parent that has been physically abusive or cowardice enough to make knowingly false allegations of abuse should not have the same parenting time as a kind and loving parent.
What does it mean to lose custody of a child?
This article focuses exclusively on what may happen in family court. We don't address dependency court (sometimes called children's court) or criminal law matters. We also don't write about parental rights termination cases.
In family court, a judge may award joint or sole legal custody and joint or sole physical custody.
Parenting time (also called visitation) may be equal or primarily to one parent.
Losing custody of a child generally means loss of joint legal and/or physical custody. In addition, visitation may become limited or supervised.
Child abuse is the number one reason to lose custody of a child
A very common reason to lose custody of a child is child abuse.
Physical child abuse often results in wounds, scars, bruises and burns. Abusers may use their hands, feet or objects such as belts.
Physical child abuse can be disguised as corporal punishment. There is a line between appropriate discipline and abuse. Some parents choose to cross that line. This is often a result of poor anger management.
Physical abuse sometimes results from the parent's own mental or psychological disorder. It is common for a parent who is physically abusive to have been physically abused as a child. This is called a cycle of abuse.
Other parents suffer from a lack of anger management skills that manifests itself into abuse. The abuse may manifest from substance abuse.
There are a variety of reasons parents abuse their children. All of them are misguided. Judges rarely hesitate to take away custody of a child from a physically abusive parent.
Why do Parents Abuse Their Children?
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Parent or parents were themselves abused as children
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Lack of anger management
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Psychological disorder
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Drug or alcohol abuse
Child abuse should be reported
Child abuse should be reported to the proper authorities including law enforcement and the local social services agency.
Some individuals are mandatory reporters under California law.
Within the context of a family court proceeding, California law is very clear that physical abuse is a proper reason to lose custody of a child.
Both legal custody and physical custody may be lost as a result of child abuse. Parenting time may be limited to supervised visitation or no visitation at all.
A physically abusive parent may lose all contact with a child depending on the abuse's severity and frequency.
It usually starts with a request for order
Losing custody of a child during a divorce or parentage proceeding often results from bringing the issue to the Court's attention.
A parent who alleges physical child abuse against the other parent typically files a request for order.
This request includes a declaration and supporting evidence of the abuse. The request for order is sometimes filed as an emergency application if the parent needs immediate orders.
An emergency application requires the child or children to be in imminent threat of harm.
If there is no imminent threat, a regularly noticed request for order is filed.
At a hearing, a family law judge determines whether there is sufficient evidence of abuse and makes appropriate orders.
A judge may believe a child custody investigation or private child custody evaluation is necessary. If so, he or she may appoint a private child custody evaluator or a child custody investigator.
Such persons look into the abuse issues and report back to the court. A judge also has the power to contact social services or get the law enforcement involved.
A family law judge's focus in a child custody case is the child's best interest. That focus means whatever steps are reasonably necessary to protect the child are usually the ones implemented.
Sexual abuse is a proper reason to lose custody of a child
Much of what we have written about physical abuse applies to sexual abuse. Sexual abuse is clearly a reason to lose custody of a child.
Sexual abuse takes several forms.
It can involve overt and generally forced sexual acts or indecent exposure. Sexual abusers are found in every age group and demographic. There is no one profile fits all.
Sexual abuse should never be minimized or tolerated.
Any parent who allows sexual abuse to continue is him or herself engaging in an act of serious child abuse through neglect.
Such a parent may find him or herself losing custody, especially if law enforcement and social services gets involved.
Child abduction is a second common reason to lose custody of a child
Child abduction may have different meanings to different people.
Our focus is how California Family Code 3048 defines it. That is a very long code section so we won't place its text here. We do however encourage you to read it.
Child abduction is a reason to lose custody of a child.
Whether it results in a total loss of legal and physical custody or a temporary one depends on the severity of the abduction.
Certainly, there is a difference between taking and concealing a child from one California county to another and then returning the child when the perpetrator realizes the dangerous nature of his or her act versus abducting a child and taking that child to a foreign country and refusing to return him or her.
The method to obtain orders against abduction are similar to any other child custody case.
The California Judicial Council has also created forms for abduction cases that can be used.
Two of the forms are identified as FL-312 and FL-341(b) forms.
The means to obtain sole legal and physical custody of a child as a result of threatened or actual abduction are beyond this article's scope.
Our law firm is experienced in such matters and you should hire an experienced family law attorney for any such case.
False allegations of child abuse should be a reason to lose custody of a child
A parent that makes a knowingly false allegation of physical or sexual abuse against the other parent is just as dangerous as a parent that abuses a child.
False allegations of abuse against a parent is a proper reason to lose custody of a child.
Of course, that depends on the seriousness of the allegation and whether a parent can prove a knowingly false allegation.
One example is a false allegation of sexual abuse. California Family Code 3027.5 states the following and pay special attention to the bolded sections. This is the code section as of January 1, 2021 so it may be different by the time you read this. Code sections may change year to year.
"(a) A parent shall not be placed on supervised visitation, or be denied custody of or visitation with the parent's child, and custody or visitation rights shall not be limited, solely because the parent did any of the following:
(1) Lawfully reported suspected sexual abuse of the child.
(2) Otherwise acted lawfully, based on a reasonable belief, to determine if the child was the victim of sexual abuse.
(3) Sought treatment for the child from a licensed mental health professional for suspected sexual abuse.
(b) The court may order supervised visitation or limit a parent's custody or visitation if the court finds substantial evidence that the parent, with the intent to interfere with the other parent's lawful contact with the child, made a report of child sexual abuse, during a child custody proceeding or at any other time, that the reporting parent knew was false at the time it was made.
A limitation of custody or visitation, including an order for supervised visitation, pursuant to this subdivision, or a statute regarding the making of a false child abuse report, shall be imposed only after the court has determined that the limitation is necessary to protect the health, safety, and welfare of the child, and the court has considered the state's policy of ensuring that children have frequent and continuing contact with both parents as declared in subdivision (b) of Section 3020."
When do False Allegations of Child Abuse Result in Supervised Visitation?
Substantial Evidence of the Following
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Intent to interfere with the other parent's lawful contact
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Reporting of a false child, sexual abuse allegation
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Knowledge the child, sexual abuse allegation was false
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Child neglect may be a reason to lose custody of a child if it is serious
Child neglect may be a form of abuse. We call it "neglect" because this form of abuse generally results from a failure to act.
Failure to properly feed, clothe or groom a child may be neglect. Failure to provide a sanitary and safe living environment or the necessities of life may be neglect.
Child neglect may be a reason to lose custody of a child if that neglect endangers the child's health or safety. This is especially true if the neglect is pervasive.
Neglect may be difficult to prove
If a child is malnourished, he or she may look very thin, lack energy or become ill more often than what is normal. That, by itself, may not be apparent to anyone but those who see the child on a frequent and regular basis.
A non-neglectful parent, an older sibling, a grandparent who sees the child regularly, a teacher and those actively in the child's life are the best at noticing neglect.
Doctors and other health care professionals who examine a child, especially during examinations, are also valuable in this regard.
Some parents ignore neglect. They do not take any action to stop it.
That is the same as ignoring abuse. If the neglectful parent will not change his or her ways, much of the same methods to stop abuse are available to the other parent.
Domestic violence raises a presumptive reason to lose custody of a child
Domestic violence and child custody sometimes collide in a family law case. And when they do, much of the focus becomes whether there has been a finding of domestic violence against the accused parent and, if so, whether that is a sufficient reason to lose custody of a child.
On this topic, we have written an article about the impact of domestic violence on a child custody case. We encourage you to read it because it provides a good summary of California law on this issue.
Is violating a child custody order a proper reason to lose custody of a child?
Violating a child custody order can range from the technical and very minor violation to a willful and significant one.
Whether violating a child custody order is a proper reason to lose custody of a child depends on the violation's nature and extent.
Let's take two examples.
For our first example, assume a parent is late to custody exchanges
That parent at least one to two times per week will arrive 15-20 minutes late.
This aggravates the other parent and the other parent wants the tardy parent to lose custody of the child during that day the parent is late.
Will that happen?
Unless the court order specifically carves out forfeiture of visitation on that day, it is not likely.
And the problem the other parent faces is if he or she refuses to give the tardy parent custody of the child, that other parent may be accused of violating the other's custodial time.
There are ways to avoid these problems and the best one is to request the court make orders that a parenting time is forfeited if a parent is more than a certain number of minutes late.
For our second example, assume a violation of joint legal custody
Assume a parent makes significant decisions in a child's life without consulting with the other parent even though both parents share joint legal custody.
This includes major medical decisions or educational ones such as changing a child's school.
It may involve placing the child in extracurricular activities that interfere with the other parent's custodial time. Are these reasons to lose custody of a child? It may be.
Hopefully, that joint legal custody order is well drafted. A parent who often, willfully violates the other parent's joint legal custody rights should lose legal custody under most circumstances. It is possible the violation was not willful and isolated.
It is also possible the Court does not believe the violation was significant enough to merit a loss or change of custody. The Family Court has broad discretion on child custody cases.
The actual factual situation should carefully be analyzed.
But in cases of a willful violation, especially those that are not isolated, seeking a modification from joint legal custody to sole legal custody may be appropriate. After all, what is the point of a court order for joint legal custody if willful violations don't have consequences?
Separate from a child custody modification, the non-violating parent may have a case for a family law contempt action against the other parent.
Under what circumstances should a refusal to co-parent be a reason to lose custody of a child?
Co-parenting problems are common. Some parents simply cannot do it and may need to consider parallel parenting plans.
But is a refusal to co-parent a reason to lose custody of a child?
The answer is it depends on whether that refusal to co-parent rises to the level of impacting the child's best interest.
This includes the child's health, safety, education or general welfare. Since the best interest standard in child custody cases is the foundation for a family law judge's decision, the lack of co-parenting must be serious.
Here are some examples:
Poor co-parenting that likely will not lead to losing custody of a child
One parent disagrees with the general choice of clothing or amount of makeup for their daughter.
He or she attempts to communicate with the other parent but the other parent refuses to do so because he or she believes their daughter is old enough to make those choices.
While this may be a lack of co-parenting, it is unlikely such a failure to co-parent would result in loss of custody unless the clothing or makeup issue is an extreme circumstance.
Poor co-parenting that may lead to losing custody of a child
The parents have a 12 year old child that is getting the grade F in 4 out of his 5 classes and is seriously acting out in class, getting into fights and regularly being disciplined.
The non custodial parent is very concerned and has learned much of the problem arises from the child's home life and not getting his homework done while with the custodial parent.
The non custodial parent has attempted to co-parent but the custodial parent doesn't want to hear it and refuses to communicate with the non-custodial parent.
Is this level of refusing to co-parent a proper reason to lose custody of a child?
The answer is probably yes, although there may be solutions less extreme than losing custody of a child.
The court may order the noncustodial parent to see the children more in the evenings and after school so that parent can attend to homework.
The court may give discretion on educational related decisions to the non-custodial parent and take parts of the custodial parent's joint legal custody away.
It doesn't always have to be all or nothing. However, in extreme situations, that may be a reason to lose custody of a child.
How does parental alienation factor into losing custody of a child?
We have written about the topic of parental alienation in articles that discuss the topic of what is parental alienation and how to stop parental alienation.
Like some of the other reasons to lose custody of a child, whether parental alienation is enough depends on the nature and extent of it.
Our family law attorneys have seen and handled extreme cases. We have successfully modified child custody as a result of parental alienation.
We have also seen situations where the alienation had taken place for so long and was so pervasive that by the time the alienated parent came to us, there was not much we could do.
This is especially true with older, teenage children.
Parental alienation is similar to neglect because it is not always apparent. It can take place for years without being noticed by anyone other than the other parent or those very close to the child.
An alienated parent must act quickly and decisively. We strongly encourage you to read the parental alienation articles we have written to learn more.
Are there other reasons to lose custody of a child that we have not discussed?
Yes. Clearly, no article will cover every situation. Our family law firm is very experienced in handling child custody cases.
Sometimes, we have filed a request to take custody away from a parent who refuses to act consistent with the child's best interest.
Whether your case has a proper basis to make such a request is a fact specific question.
You will likely not find answers to that question on the internet. You need experienced and knowledgeable legal representation.
We hope you enjoyed this article
Please visit us often for additional informative articles and guides on California family law.
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Under what circumstances can parents lose custody of their child | Slavic Family Media Center | Radio Slavic Family
The article is intended for an adult reader and contains examples of child abuse.
All parents, guardians and adoptive parents have certain parental rights to raise their or adopted children. Also, everyone who raises a child has certain duties and responsibilities for his safety, for his healthy mental, physical and emotional development. If these responsibilities are not met, then the upbringing of the child may become the responsibility of the state. There are some circumstances in which a child's parents or guardians may lose the opportunity to parent their own or adopted children.
Parents and other guardians are required to look after the child, provide him with food, clothing, housing, medical care, education and protection. If it happens that some components are not provided, then this puts the life of the child at risk.
Also, if a child is being physically, psychologically, or emotionally abused, then state representatives can intervene in your family. Sometimes it can be negligence, negligence and neglect of the child, as well as sexual abuse, child trafficking and threats of harm. According to statistics, in the United States, 1 in 6 children aged 6 to 18 witness violence, and about 3.3 million children annually witness various forms of crime. This statistic also includes cases where a child has witnessed domestic violence. Here are some examples that can lead to the loss of guardianship.
Child physical abuse and injury (Physical abuse). There were 1,217 reported cases in Oregon in 2016 where children were injured.
Any non-accidental physical injury to a child under the age of 18 by a parent, relative or other person that results in serious bodily injury requiring medical attention. For example, scratches and scars, burns, abrasions on the lip, eye or other part of the face, any abrasion on the external genital organs, injuries of the skeleton and head, internal injuries of organs as a result of blows to the abdomen, poisoning the child with alcohol, drugs, medications, laxatives leading to dehydration, hot sauces and ketchups or ground peppers by infusion into the mouth, leading to spasms of the stomach and esophagus, to spasms of the lungs, poisoning the child with cleaning chemicals, leading to serious consequences for his life.
Psychological and emotional abuse of a child (Psychological and emotional abuse). Oregon reported 248 mental health incidents in 2016.
Psychological or emotional abuse is periodic, prolonged or constant mental influence of parents (guardians) or other adults on a child, through intimidation, threats, in order to break his will to resist, to defend his rights and interests. This leads to the formation of pathological properties of character in him or hinders the development of personality. For example, it is unacceptable to use such punishments: chaining a child or tying him to a bed, or to a tree, lowering the child's head into the toilet, etc. Psychological and emotional abuse includes the exclusion of a child from the family circle, when other children buy everything, but he does not, and when other children have a lot of toys, but this child has nothing. Rejection of the child, open rejection or constant criticism, insult or humiliation of his human dignity, deliberate physical or social isolation of the child, coercion to loneliness, making demands on the child that do not correspond to his age or abilities, lies and failure to fulfill promises to adults, accusations against the child ( swearing, screaming), belittling his success, depriving a child of love, tenderness, care and safety from parents for a long time, committing violence against a spouse or other children in the presence of a child for the purpose of intimidation.
Neglect and maltreatment is a glaring issue that can cause custody to go to state protective custody. In Oregon, there were 6,590 cases of child neglect in 2016, many of which resulted in the death of a child.
Negligence is the failure to provide a child with food, clothing, housing, supervision and, if necessary, medical care. For example, children were locked in a closed car in the heat; small children were left alone or in the care of other, not yet adult children, which led to an accident. This also includes neglecting children in parks or recreational areas where children may be in dangerous situations.
Threat of harm is also one of the factors for deprivation of parental rights. In Oregon, there were 6,254 cases of threats of harm to the life and health of a child in 2016.
For example, a situation would be considered a threat to the safety of the child if the babysitter looking after the child had a history of another child being killed or seriously injured while she was with him .
Also, when a child is being looked after by a parent (parents) who has mental health problems or whose behavior has already harmed the health of another child, and there is a threat to the life of the child who is now being looked after by an adult. Another example is when a parent, guardian, or someone living in a household with a child is involved in a child pornography case. This will also be considered as a threat to the health and life of the child.
Sexual abuse/trafficking in children – another factor in the loss of custody. There were 1,045 cases of child rape in Oregon in 2016.
For example , sexual touching of a child's intimate parts or a sexual act with a child is abuse of him. Rape, the use of a child for pornography, or the sale of children for sex (child sex trafficking) are considered abuse. Also, buying or selling physical custody of a child to others (child selling) leads to severe injuries and puts the child's life at risk.
The examples above are situations in which CPS (Child Protective Services) may intervene in your family.
CPS and law enforcement agencies will investigate such cases and if it is confirmed that the child is endangered and mistreated, harming the child's health, then this service, based on a court order, can take the child into its custody and transfer it to a foster family.
If you have questions about this topic, or if you, your children, or someone in your family is a victim or witness to a crime, call my office. I will be glad to help you.
Tatiana Bondarchuk,
Child and Youth Specialist and
Crime Victim Advocacy Program, Lutheran Community Services, NW
Ph. (971) 888-7833, Address: 7931 NE Halsey, Suite 210 Portland, OR
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Guardianship of an adult
Marina Frolova
Lawyer of the Moscow Bar Association, Law Office No. 14 of the Moscow City Bar Association0005
November 10, 2021
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How to become a guardian of a relative who needs help due to a mental disorder, and what duties will you have to perform after that?
"How to take care of a relative who needs help because of a mental disorder?" - a young man, worried about his adult brother, addressed the editorial office of AG with such a question.
How to take care of a loved one?
A citizen who, due to a mental disorder, cannot understand the meaning of his actions or control them, may be declared legally incompetent by a court. That is, it will be recognized that he cannot fully acquire and exercise rights, create duties for himself and fulfill them (Article 21 of the Civil Code of the Russian Federation). In this case, guardianship is established over him (Article 32 of the Civil Code of the Russian Federation).
Guardianship is a form of placement of children under the age of 14 and recognized by the court as incompetent citizens, in which the citizens (guardians) appointed by the guardianship and guardianship authority are the legal representatives of the wards and perform on their behalf and in their interests all legally significant actions (Article 2 Federal Law of April 24, 2008 No. 48-FZ).
Thus, if your relative has a mental disorder and he is recognized by the court as incompetent, you can take him under guardianship.
By the way, you can become a guardian of a person, even if he is not your relative. But only if he does not have relatives who want to arrange guardianship over him.
The guardian has the duty to look after the health and financial condition of his ward. All transactions on behalf of the ward must be made solely in his interests. You become his legal representative in all instances, including the judiciary.
How to become a guardian?
In order to obtain custody of a citizen, it is necessary to file a claim with the court to recognize him as incapacitated. In case of a positive decision, you should contact the guardianship and guardianship authority at the place of registration of your future ward with an application to appoint you as a guardian. After that, the guardianship and guardianship body makes an appropriate decision.
Often, citizens who are declared incompetent due to a mental disorder are placed in psychiatric hospitals. In this case, the medical institution becomes the guardian, and the guardianship and guardianship body is responsible for protecting the property interests of the citizen.
If your relative is in such a hospital and you want to take him out of there, you must proceed as follows:
- find out if the relative is incapacitated;
- find out on what basis he was placed in a psychiatric hospital. If a relative was involuntarily placed there on the basis of a court decision, further actions will differ from those described below: you will need to obtain a copy of this decision and study it for the presence or absence of grounds for appeal. If grounds are found, then an appeal can be filed with the court;
- if a relative is deprived of legal capacity, apply to the guardianship and guardianship authority with an application for the appointment of you as a guardian; if you were denied custody of a relative, this decision can be appealed in court;
- in case of a positive decision of the guardianship and guardianship authority, contact the medical institution where your relative is located, with a statement about his discharge.
