Table of Contents
On what grounds can a child be taken away from its mother?
In California, a mother can lose custody of her child if she is an unfit parent. Serious neglect, violation of an existing custody order, child abuse, and emotional instability can be used as grounds to end a mother’s custody rights.
Can my ex take my child away from me?
Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child’s welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.
What to do if the other parent wants to take your child away?
If you are afraid that the other parent will take your children away without your consent, you might be able to ask the judge to issue an emergency custody order, which most states provide.
Can a parent take their child out of the state?
Also, often times when a custody case is pending (ongoing), both parents may be prohibited from removing the child from the state (jurisdiction). If leaving the state would violate your custody order, you may likely need to file in court to ask the judge to modify the order to allow for your child to leave the state.
What happens if you take a child without permission?
If you take the child without the permission of the other parent, the judge will not look kindly on this – it will be considered child abduction. If you violate the terms of the custody agreement (you have to have the other parent’s permission) then you yourself can lose custody of your child.
What to do if another parent kidnaps your child?
If you have reason to believe that the other parent may try to hide the child from you, you could ask the judge to order the other parent to, deposit money with the court (“post a bond”) that would cover the cost of having to try to locate and get your child back if s/he were taken.