What Happens When Child Custody Is Terminated?
Courts typically prefer to leave a child custody order in place for as long as possible to maintain stability for the children involved. However, circumstances may warrant substantial changes to the order, or, in some cases, the caregiver’s custodial rights may need to be terminated altogether.
Child custody orders are usually terminated in extreme situations, such as when the child is in danger or is being neglected. Our attorneys at Angela Faye Brown & Associates understand how emotional and complicated these situations can be. Whether you are the other parent or a concerned loved one, we can provide the experienced and compassionate guidance you need throughout this difficult time.
When Child Custody May Be Terminated
Child Protective Services (CPS) may remove a child from the care of their primary caregiver, or custodial parent, if the situation is unfit for the child. This may include the behavior of the parent, the state of the home or both. The two most common situations that result in the removal of child custody rights include substance abuse or domestic violence in the home:
- Substance abuse: This is the most common behavior that leads to the termination of child custody. When parents abuse drugs or alcohol, the concerned parent or relative can request that the court order a drug test. A positive result can then demonstrate that the parent is unfit to care for the child. Substance abuse issues can not only lead to questionable decisions by the caregiver, but also to a dangerous environment for the child.
- Domestic violence: Violence toward a partner, family member or the child can also lead to the termination of child custody. Domestic violence references violent behavior toward any member of the household. Situations involving the parent’s partner threatening or abusing the child can also result in CPS removing the child from the home.
Situations Involving Neglect Of The Child
Both substance abuse and domestic violence can lead to neglect of the child. However, neglect can take other forms and result from other circumstances as well. When the caregiver fails to meet the basic needs of the child, CPS considers the situation neglectful. Obvious signs of neglect include a lack of personal hygiene or cleanliness, malnourishment, being left alone for long stretches of time, frequently missing school and more.
Get Our Team Involved Today
Realizing that your co-parent or loved one is an unfit parent can be an emotional and heartbreaking situation. We can help take swift action to support your claims to CPS and move the child to a safe environment as soon as possible. Get started by contacting our Houston office to schedule a consultation. Call us at 281-975-0307 or contact us online.