There is often a misconception that in divorce, the mother is automatically awarded custody of her children. But as Ohio laws have changed over the years, you might wonder how a mother can lose a custody battle for her children. 

The goal of the Ohio court system is to ensure the safety and protection of the children involved in a custody battle. The standard is best interests of the child.  The judge will do their due diligence to ensure they choose the best-fit guardian in any custody battle. 

In Ohio, there are numerous ways a mother can lose a custody battle. Any mother who puts her children in danger or neglects their care risks losing custody to the father or another court-appointed guardian. 

Child or Spousal Abuse 

Any mother who is found to be physically or emotionally abusive to her children or spouse is at risk of losing primary custody. Even if a child cannot communicate abuse, social workers will look for any signs of abuse or neglect. 

Physical abuse can include anything similar to hitting, biting, scratching, or sexual abuse. Emotional abuse involves any type of rejection, humiliation, threats, or manipulation. 

Drug or Alcohol Abuse

A mother dependent on non-prescription or illegal drugs or alcohol is at serious risk of losing custody of her children. While it’s not a guarantee a mother will lose custody just because she failed a drug test, the court takes it into serious consideration. 

Neglecting Parental Responsibilities

Any obligations that take precedence over the care of her children can potentially lead to a loss of a custody battle for a mother. The court will consider any mental health issues, business travel, military duty, or other relevant obligations. Interviews, counseling, or psychiatric evaluation might be required by the court to help determine if there is a failure to commit to parental responsibilities. 

Neglecting Children’s Needs

If a mother neglects the needs of her children for any reason, she may be forced to give up custody. According to Ohio law, neglect can include not providing necessary shelter, food, supervision, or education. It can also mean not keeping up with hygiene or a child’s health needs. For the courts to consider this as a reason to lose custody, the neglect must be severe and consistent. 

Violation of Court Orders

Mothers can be at risk of losing a custody battle if they are found to be in violation of any court orders. The more serious a violation is, the more serious the court will serve out consequences. 

One of the most common violations is not following predetermined custody agreements with the children’s father. Neglecting to follow court-ordered visitation is considered a severe violation and could lead to a mother losing primary custody. 

Navigating Your Parental Rights in Ohio

Custody battles can be challenging to navigate for both mothers and fathers. At the Law Offices of Kenneth R. Kline LLC, we can help you learn the ins and outs of shared parenting or sole custody in Ohio in a way that helps you work toward the most favorable resolution. Contact our office and get a risk-free consultation today.

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Every client’s family and situation are unique please contact us with any questions or for a risk free consultation.

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