How a mother can lose custody of her child in Texas

Do mothers always wind up getting what they want in a Texas child custody case? Not necessarily. The attorneys with the Law Office of Bryan Fagan have run into circumstances where mothers enter a child custody case supremely confident. There is a myth that exists in the world of Texas family law that mothers are guaranteed to win whatever they ask for in a child custody case. 

Whatever the reason for the perpetuation of this myth it is simply not true. Mothers face the same challenges and obstacles in a child custody case as do fathers. When it comes to decisions made on behalf of children in a family law case, the best interests of the child are paramount. Courts separate the best interests of a parent from the best interests of a child. For many parents, this is a difficult distinction to draw. We like to think that what is in our best interests also suits our children best. However, this is not always the case. 

As a result, you as a mother may find yourself disappointed in the outcome of your child custody case. That is if you are not prepared for the possible outcomes. Today’s blog post from the Law Office of Bryan Fagan relates to how you as a mother can prepare for a child custody case. Specifically, we will explore how a mother can lose custody of her child in Texas. Avoiding negative outcomes means engaging in preparation. It also means having experienced family law counsel to guide you. Contact the Law Office of Bryan Fagan to learn more about how the law treats parents in Texas.

Assessing your mental health and aptitude for parenting

Mental health is a major concern for many families in today’s world. Certainly, we can all remember the difficult times brought about because of the COVID-19 pandemic. It wasn’t that long ago that isolation, financial hardship, and emotional trauma were occurring on a regular basis. Unfortunately, that is no longer the reality for most of us. That said, the vestiges of those difficult times have stuck with many Texas families.

As a mother, you may have borne the brunt of these difficult emotional circumstances. For example, staying at home with the children as they navigated remote learning is not as easy as many would have assumed. Seeing your children struggle with any number of adjustments during this time may have stuck with you. Research suggests that many children have not fully recovered from the difficult circumstances brought about because of the pandemic. With that said, helping your child manage these difficulties may have caused you to undergo some difficult self-examination.

Look inward at your own mental health and well-being. Are you taking enough time for self-care and reflection? Do you think you are in a good mental place to take care of your children on a full-time basis? Have you had any episodes of a breakdown in your mental health in recent years? Answering these questions will help determine whether it is reasonable for you to expect a favorable outcome in your child custody case. It is no shirt thing that you will find success in every area of your family law case. So much of your family law case depends upon the specific circumstances of your family.

A mother losing custody of her children because of a CPS investigation

In the world of child custody, it is possible that a CPS case may lead to you losing custody of your child. Consider that Child Protective Services Investigates allegations related to abuse and neglect of children. The agency receives anonymous reports. An investigation into those allegations commences. From there, the agency determines whether there is a high likelihood that abuse or neglect has occurred. Different outcomes may result.

If CPS determines that it is likely abuse, or neglect has occurred then the finding will be made against you. Depending upon the type of abuse or neglect found in your circumstance it is possible for your child to be removed from your house. This removal occurs after child support services take temporary custody of your child. This temporary custody change occurs after a court hearing. CPS must present the relevant circumstances to a family court judge. From there, the judge can decide whether moving your child is in his or her best interests.

If you are looking for a circumstance that can lead to a mother losing custody of her children a CPS case should be at the front of your mind. Many parents are completely caught off guard by a CPS case. This is understandable. Whereas you are living your life without any intervention one moment, the next you may find yourself staring face to-face with the CPS caseworker. How would you react to this? Would you allow the person to enter your home? These are relevant questions. Addressing how you would react to a circumstance like this depends in large part on having an experienced attorney to guide you. 

Working with an attorney to help with a CPS investigation

Becoming the subject of a CPS investigation is quite stressful for a parent. Understanding that your life is under the microscope of the government is enough to make any parent uncomfortable. As a parent, you need to have a certain level of comfort as you raise your child. However, it is difficult to be comfortable raising your children when you know that CPS is hovering about and judging each step you take.

As you consider how a mother can lose custody of her children in Texas it would be a mistake to look past a CPS case. Of all the different circumstances under which a mother can lose custody of her children a CPS case is perhaps the most common circumstance Many parents envision losing custody as a part of a child custody or divorce case. Certainly, parents can try to intimidate or influence the other person to think that it is possible for them to lose custody.

CPS cases are among the most likely reasons why you as a parent may lose the capacity of your children. Again, it is not a given that your child will be removed from your house because of a CPS case. Since it is a possibility, you need to be prepared for that outcome. Looking into the circumstances of the removal of your child means being honest with yourself. If there are circumstances that may lead to that outcome you should share them with an attorney. Your attorney can work with you to mitigate any issues before they cause you to lose custody of your child.

Are you alienating your child from your co-parent? 

The main reason why some mothers lose custody of their child relates to parental alienation. For such an important topic, parental alienation does not necessarily receive the attention that it ought to. Parental alienation involves one parent with this flea trying to harm their child’s relationship with their co-parent. This can be because of actions or words. It is easy to fall into the trap of parental alienation. What starts off as frustration with a co-parent can turn into behavior that seeks to destroy your child’s relationship with their co-parent. Fortunately, there are steps to combat parental alienation.

Requesting court orders that forbid alienating behavior is one place to start. Consider that parental alienation is especially difficult because it often occurs behind closed doors. You would have no idea that the alienation was occurring but for reports to you from your child. In this situation, we are presuming that you as the mother are the parent engaging in alienation. Stopping this type of behavior is simpler. Agreeing to no longer engage in the alienating behavior is the most direct way to stop it from occurring in the first place.

It is the experience of the attorneys with the Law Office of Bryan Fagan that losing custody is possible due to parental alienation. If a judge becomes aware of your alienating behavior, they tend to have very little tolerance for those kinds of actions. As a result, what was a case that could have been a straightforward custody case turns into something longer and more protracted. Identifying risks to your case is an important part of not losing custody in Texas. Parental alienation puts you in a position where you may lose custody where you otherwise would not. 

Problems with substance abuse can lead to the loss of custody of a mother

Are you battling an addiction to drugs or alcohol? If so, then please pay attention to this information. Nobody would argue that the battle with drug or alcohol addiction is easy to process. Certainly, you may be in the middle of one of the most difficult fights of your life. However, it does not mean that alcohol or drug addiction cannot lead to loss of custody for you as a mother. This is true even if you are acting diligently in seeking rehabilitative care.

Why is substance abuse such a major factor in Texas child custody cases? To begin, you are unable to make good decisions for your children if you are altered or on any kind of substance. Unfortunately, it is not uncommon for parents to have addiction issues regarding alcohol or drugs. As a mother, you are likely the primary caregiver of your children. It is a difficult argument to make for you to be able to tell a judge that you can make good decisions for your children while addicted to alcohol or drugs. Losing custody can occur when substance abuse takes hold of your life.

Unfortunately, the attorneys with the Law Office of Bryan Fagan have seen this type of situation play out before. One of our attorneys has worked on a case involving a mother who has dealt with an alcohol addiction for many years. The addiction came to the forefront of her child custody case after a scary incident involving the law. We are going to share that situation with you now. 

If you have any questions about this scenario, please do not hesitate to reach out to the Law Office of Bryan Fagan. Our attorneys know how to work with families going through difficult circumstances involving drugs or alcohol.

A real-life scenario involving a mother losing custody of her children

Earlier this year our office represented a father who was going through a child in the city case. The child custody case centered around him and his child’s mother who both wanted to be named as the primary conservator of their daughter. Being the primary conservator of their daughter meant that the parent who won this right would be able to make primary decisions for the child. This includes where the child lives and other key decisions in the life of the daughter.

Our client and the child’s mother were sharing custody of the daughter. This meant that each parent had rights, duties, and time with the child during the week. The child was adjusting to life and in general, was doing well. However, an issue arose when our client shared with us that he had concerns about the drinking habits of the mother. Apparently, she had attempted to deal with this addiction but had not been able to get over her issues with alcohol.

The situation came to a head when our client received a phone call on a Sunday evening from a police officer. He was informed that his child’s mother had been arrested for drunk driving. Worse yet the child was in the vehicle with the mother during the incident. Fortunately, she was asleep in the back seat and was not harmed. However, you can clearly see why this was a scary situation for our client. 

What happened to the mother’s custody rights because of her drunk driving arrest?

Needless to say, the mother found herself in a very difficult position due to her actions. For one, she was in significant legal trouble. On top of that, she was prevented from seeing her child. Our client filed an emergency motion for temporary orders. The motion provided the court with evidence regarding drunk driving. He requested the court to grant him sole custody of his daughter.

Sole custody of his daughter allowed our client to have near total custody time with the child. For all intents and purposes, the opposing party said no custody rights for an extended period. Through passing drug tests and good behavior, the mother was eventually able to regain some custody rights. That did take time, however. In the meantime, she had to attend counseling and had plenty of time to think about the terrible situation she put her daughter in because of the drinking. 

Our client’s daughter loves her mother and as a result, our client is not excited to limit your daughter’s time with her. It was only because he was concerned for her safety that he made this emergency request to the court. This is a key example of how any parent, even a mother, can lose custody of her children because of bad actions. Avoiding circumstances like this can better position you to never have to be overly concerned with losing custody of your children.

Final thoughts on how a mother can lose custody of her child in Texas

For a mother, the idea of losing custody of her children can be tantamount to losing a huge part of her life. So much of motherhood involves spending time with your children. If you lose out on the ability to spend time with your children, it can feel like your lifeline has been cut off.

However, you do not have to approach this subject on your own. Rather, there are ways to prepare for a family law case when you have potentially adverse circumstances before you. This does not mean that you should run and hide from those bad circumstances. Eventually, they rear up and have the potential to bite you, metaphorically speaking. Instead, take a direct approach to this situation and address it with the help of an experienced family law attorney.

Thank you for joining us today on the blog for the Law Office of Bryan Fagan. Our experienced family law attorneys offer free-of-charge consultations for mothers and fathers alike. We take seriously the responsibility of caring for our clients and advocating on behalf of their interests. We post unique and informative blogs seven days a week so that we can help provide information to the communities that we serve.

Questions about the material contained in today’s blog post? Contact the Law Office of Bryan Fagan

The attorneys with the Law Office of Bryan Fagan offer free of charge consultations six days a week in person, over the phone, and via video. These consultations are a great way for you to learn more about the world of Texas family law. Before signing a document or negotiating on a subject you do not know well, contact our office. We look forward to the opportunity of serving you during an important part of your life. The Law Office of Bryan Fagan is on your side.