Living in a shelter and worrying about losing child custody because you’re homeless? You are not alone; many have put up the question, “Can you lose custody for living in a shelter?”. That’s what this article explains.
Homeless shelters
Homeless shelters are places that provide temporary housing facilities to those who don’t have any place to stop (or stay). Some shelters also meet humans basic necessities, like food, clothes, and water, by ensuring they maintain their overall health while reducing the risk of illness.
Now, talking about living in a shelter: Many end up in a shelter due to various reasons, such as abuse, natural disasters, burning down their apartment, etc. While living in a shelter now, you may constantly worry about “Is living in a shelter not considered a safe place by the court?”, and “Can you lose custody for living in a shelter?”. This article helps you with this in detail, so let’s start discussing!
Can you lose custody for living in a shelter?
Your worries are genuine, but the child’s best interest is one of the factors that the court mainly considers. Living in a shelter is not the only factor that decides if you can lose custody for that or not, but it is, of course, one of the main factors that is taken into account. Every court decision regarding child custody is taken after considering the child’s well-being and future.
Now, the answer to the question, “Can you lose custody for living in a shelter?” is: It depends and varies from case to case, depending upon the circumstances. It’s never one single factor that can decide the custody of a child; the court makes its decision by considering various factors.
The court highly values a stable and safe home environment for the child. Now, by keeping your emotions aside, you can give that answer in a better way, as per your circumstances. If you’re not able to meet a child’s basic necessities, it’s considered child neglect, which could result in losing child custody.
Other than that, consult an attorney to get legal advice. Because they can guide you better as per the state’s law and your circumstances.
Can a mother lose custody for living in a shelter?
While talking about child custody, the court considers various factors to determine the child’s best interest. And for that, the court definitely takes into account whether the parent has a home or not. This impacts child custody.
Having a home or not is actually one of the major factors in child custody. Because a home provides a stable environment for the child. And that also means you can meet the child’s basic needs, like food, shelter, clothes, etc. This is why it is an important factor.
This means if a mother does not have a home, then there is a possibility of losing the child’s custody. But the court considers other relevant factors as well to decide child custody. And then they give child custody to the father as per the child’s best interests.
Reasons a mother can lose custody
The factors that can lead to losing custody even though you’re a mother are:
- Abusing her child either physically, mentally, or emotionally is a serious offense under the law. So, that increases her chances of losing child custody.
- Child neglect (such as not taking care of the child, not meeting the child’s basic needs, etc.) is also one of the serious factors that can reverse child custody.
- Any case of domestic violence with the child or with another family member can have a serious impact on the child’s mental health. And you (as a mother) can lose custody of your child.
- If a mother is suffering from a serious mental health issue, this simply means the child is not safe around her. And due to this, a mother can lose custody of the child.
- If a mother has an addiction to alcohol, drugs, or other substances, she is more likely to lose custody. Because this increases the chances of child neglect, abuse, and an unstable home environment.
- Even though you’re a mother, if you’re not co-parenting, you can lose child custody.
- Violating the court’s order is always taken seriously, regardless of whether you’re a mother or a father. And that impacts child custody.
As the circumstances of everyone are different, so is the decision of either getting or losing child custody as per the court order. To get legal advice on child custody, consult an attorney for the best guidance.
