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I really love my son and wants what is best. Considerations will vary by court, by state, and even by the judge. In the context of family laws, an “unfit mother legal proceeding” is a legal proceeding in which a mother’s ability and willingness to raise a child or children is examined by the court. In custody cases, it is presumed that a parent seeking custody is able to meet the child basic needs, which include food, clothing and shelter. After all, both parents want custody of their children and may both think that their little ones are better of with them rather than the other parent. I have a 7 and 8 year old. Even if alcoholic or drug addict, Court will send mom to rehab and still get the kids. The truth about the California family law system, Are you unsure if you can even do that or how you can show the court that the other parent even IS mentally unstable or unable to … What do judges consider an unstable enviroment for a mother not to have their children? My son just lost a 50 50 custdy battal because the mother lied about everything. I was awarded full custody. Unless there are extenuating circumstances, some form of joint custody is the most common. Courts will often make child custody and visitation decisions based on a parent's living accommodations. Generally speaking, any parent or guardian can be deemed unfit based on their actions or conduct. Michelle L Abellana says. First, all divorcing couples begin with joint custody rights. So, in custody disputes today, courts are not looking at the fitness of the mother as such, but are usually analyzing whether giving custody to the “primary caretaker” is in the best interest of the child. Let’s look at the top five ways that a mother can lose custody. Hello moms. Psychological Evaluations in Custody Cases. In the past, mothers automatically received custody simply because they were the primary caretakers, but not anymore. Example: A father may have sole physical custody but share joint legal custody with the mother. Do you feel as if you need to protect your child from your child’s mentally unstable mother or father? My spouse was mentally unstable and we were able to prove it. Custody laws are supposed to be gender neutral and many courts a living up to the rules, and this means that when the facts of a given case are presented in the courtroom, a judge may determine that it is in the best interests of the child to live primarily with the father, not the mother. However, the fitness of the primary caretaker is, of course, an important consideration in determining the best interests of the child. Although one parent may have primary physical custody, both parents typically share joint legal custody. The court mixes and matches these elements as they best fit a situation. In this article about custody battle tips for mothers, we are going to tell you something you deserve to know - the blunt truth.We will guide you through the following. Reply. Judges make decisions based on the “best interest” of the child or children but joint custody is assumed until further information is gathered. When determining the mother’s rights to child custody, the court will first consider whether or not the child was born out of wedlock. Approximately 50% of all custody cases today end with the father getting sole custody, but there are still some reasons fathers lose custody … Here are the top reasons why. February 28, 2020 at 10:20 am. Mothers can lose custody of their children. True sole custody is rare since the courts try to keep both parents in a child’s life. Even worse, some may even use custody as a means of “getting revenge” on the other parent, and thus the fight may escalate into a tooth-and-nail extension of the relationship issues. 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