Can A Father Take A Child Away From The Mother?

A child’s custody determination depends on three factors; whether the parents are married, divorced, or not married and were never married. For married couples, laws on child custody Arizona state that parents have joint custody over their child(ren) unless or until a family court awards custody after one of them files a custody suit. If the parents are divorced, then the parent declared on the court order as having legal custody rights gets to have the child. For parents who have never been married and there is not yet a court order for custody, the child’s mother retains automatic legal custody until a family court rules otherwise.

If you are an unmarried father and would like to have legal custody of your child for whatever reasons, you’ll need paternity proof before filing a custody suit in a family court. Suppose the court determines the mother of the child unfit to execute parental responsibilities. In that case, it will rule the case in the best interests of the child, and you may stand to be awarded primary or even sole custody. Forcefully taking your child from the mother without following due process may institute legal action against you. By extension, the mother has a right to involve the police, the sheriff or file a case on the matter.

We’ll take you through some occasions where a family court can award the father full custody of a child.

Child Abuse And Neglect

Suppose a family court determines allegations that a mother has been abusive to the child as true. In that case, the mother might be forced to forfeit all legal rights of custody and, in some dire cases, even visitation rights. Child abuse is taken extremely seriously and has led to many parents and guardians losing child custody rights. Proven cases of neglect of a child can also lead to a mother losing custody rights.

Incapacity To Care For The Child

Incapacity to care for the child can be caused by many situations. The most common is mental or financial incapacity. Since the courts rule a custody case in the child’s best interest, an assessment of either parent’s financial situation and mental health is often crucial in awarding custody. A mother could lose custody if they are proven not to have enough resources to raise the child. Similarly, if the mother has an unmanaged or escalating mental condition, they may lose custody.

Drug And Alcohol Abuse

Family courts take on drug and substance abuse cases extremely seriously in a child custody case. If the court finds out that the mother is battling drug or alcohol abuse issues, more so if there is a case of DWI, it can renounce the child’s custody from the mother.

Family law matters can be an intricate web of confusion, more so when emotions are involved. To avoid or mitigate this murky situation, we at Jensen Family Law are always there to ensure you get the best legal advice on family law matters. Check us out on our website at https://familylawattorneymesaaz.net/ to meet and consult with all types of expert family law attorneys in Arizona.

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