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Child's Behavior and Its Effect on Custody

California family lawyerA child’s declining behavior may be grounds for a custody hearing. In California, a parent may lose their custody rights to either the other parent or the state through foster care, if it has been shown that they cannot control their child and keep them from potentially harming themselves through reckless or illegal behavior. Recently, a teenage girl who repeatedly ran away from home, and who also gave birth to two children, was removed from her parents’ custody after an appeal was upheld by the California Supreme Court, according to the American Bar Journal. The decision was based on a California law that allows children to be removed from their parent’s home even if there is no wrongdoing on the parent’s behalf or failure to supervise their child. If you are in this situation, contact a San Jose custody attorney for help today.

Neglect Is Not Relevant, Only Failure to Supervise

Whether or not a parent neglects their supervising responsibilities, their child can be removed from the home if they are found to be at serious risk of harm as a result of failed parental supervision. This means that even if a parent who does all that they can reasonably do to keep their child out of trouble and safe and provide a stable and loving home life, it may still not be enough.

The state can still take their custody their custody rights away. According to the appellate court, the court agreed with the mother that she was not at fault or blameworthy, and “the record reveals her concerted (and at times desperate) efforts to protect and discipline [her child]. The record supports that [her child] faced an ongoing risk of harm based on her increasingly self-destructive behavior, behavior that mother simply could not control.” Additionally, this same law can be invoked if a parent becomes homeless or mentally incapacitated.

What Does This Mean for You?

If you are in a custody disagreement with the child’s other parent, the fact that you (or they) cannot control your child’s behavior, and that behavior puts the child at serious risk of physical harm, it can be used in court to modify custody. Similarly, this law can be applied to take your child away from you and/or the child’s other parent, and placed in foster care.

Call an Attorney Today

If your child is acting in a way that poses risk to themselves, you may be in jeopardy of losing your custody rights. On the other side of the coin, if the child’s other parent can no longer properly supervise your child, you may have an opportunity to modify the current custody agreement. For more information, contact the San Jose custody attorneys at the law office of Gemma V. Reyes today.

 

Sources:

http://www.abajournal.com/news/article/troubled_children_can_be_removed_from_parents_even_if_no_finding_of_fa

https://www.usnews.com/news/best-states/california/articles/2017-07-20/court-parents-need-not-be-neglectful-to-lose-custody

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