There are many reasons why a mother can lose custody of her child or children, and all of them are serious grounds. However, these allegations are not taken lightly, and the burden of proof lies in the party seeking custody reversal.

Still, some mothers have had their custodial rights revoked because they made the mistake of committing any of these transgressions.

1. Child abuse 

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

Psychological, emotional, or verbal abuse is usually manifested in many ways, including the following:

• Rejecting the child or making them feel worthless or useless
• Demeaning, ridiculing, humiliating the child
• Terrorizing a child through threats of physical violence, destruction of their possessions, or abandonment
• Isolating a child or preventing them from socializing with others
• Exploiting, manipulating, or corrupting a child or encouraging them to engage in deviant or inappropriate behavior
• Ignoring or being indifferent to the child

Note that even if a child is unable to articulate the psychological abuse, child psychologists, social workers, and other experts also look for social and behavioral signs of abuse. These include problems in school, sleep and or eating disorders, depression, anxiety, anger management problems, and rebellious behavior.

When the court receives sufficient evidence of a mother’s abusive conduct, it is authorized to change current custody arrangements if doing so will be in the children’s best interests.

2. Violence at home

If it is reported that the mother is abusing other members of the household (not the children), she can still lose her custodial rights.

Domestic violence is not something children should be exposed to, as this can harm their psychological development. Moreover, domestic abuse can escalate anytime, thereby exposing the children to potential harm. So if the mother is proven to engage in such abuse, she can have her custody revoked.

3. Fabricating lies about abuse

A mother making false allegations of abuse against the other parent can lose custody if it is proven that the accusations are all fabricated. It will be much worse if it is discovered that she used her children to deceive whoever has investigated her allegations, as well as the lawyers and the court. This could lead to not only the loss of a mother’s right to custody but also visitation rights.

4. Serious neglect

Neglecting to provide the basic needs of your child, including access to health and education, is also a ground your ex can use to reverse the court’s decision to grant you custody.

Child neglect is actually a form of abuse, and it encompasses other things like:

• Not providing shelter
• Not keeping your child clean and well-groomed
• Not supervising your child
• Not taking your child to important scheduled appointments

Children who are left to their own devices become unduly exposed to danger or threats to their safety. They can contract a disease and are also at a higher risk of developing mental illness.

Here, you need to remember that minor or rare infractions, such as being late to pick the children up from school or not being able to keep a routine doctor’s appointment, won’t automatically lead you to lose custody. These things can happen to anyone, and the court understands this. Long-term, consistent neglect is something else, and if it threatens your children’s well-being, the court can intervene.

5. Severe mental health issues

Mothers (or parents in general) who have mental health issues are not automatically disqualified from having custody of their children. However, according to Mental Health America: “Custody loss rates for parents with mental illness range as high as 70-80 percent, and a higher proportion of parents with serious mental illnesses lose custody of their children than parents without mental illness.”

Then again, the other parent needs to provide the court sufficient proof showing that the mother’s mental state or psychological issues compromise the safety of their children. Also, since matters like these are sensitive and grave, the court may require parents to undergo psychological testing, as well as counseling and interviews by experts, before making any decision.

6. Drug and alcohol abuse

A mother who is proven to have demonstrated a dependency on prohibited substances or drugs and or alcohol runs the risk of getting her custody and visitation rights revoked. If a mother has these addictions, it puts to question her fitness and ability to care for their children. Moreover, children of drug addicts and or alcoholics have a higher risk of suffering from neglect, being abused, and imitating their parent’s behavior by picking up similar bad habits.

If a mother is suspected of substance abuse, the courts might require her to undergo drug testing. Although failing a drug test may not automatically rescind her custodial rights, it would likely influence the court’s final decision.

7. Parental alienation

In California, children are encouraged by law to have regular and frequent contact with both their parents in a process called co-parenting. In such cases where parents share visitation and custody rights, they are legally bound to follow the custody arrangement.

Mothers who attempt to damage the image of their ex-partner or co-parent, or who physically withhold the kids from the other parent are guilty of parental alienation.

Making derogatory or degrading comments about their co-parent to turn the children against the other parent is simply unacceptable behavior. A mother who makes a habit of setting important appointments or trips that lead to the father not being with his children on their scheduled time together can also be accused of causing parental alienation.

If the father keeps detailed notes of those instances where the mother finds ways to sabotage his supposed time together with their children, these can be used as evidence against her. So, mothers (or fathers) guilty of committing these things could have their visitation and custodial rights limited.

8. Failure to commit to parental responsibilities

A mother could have her children’s welfare at heart and may genuinely want to raise her children. However, if she is always away (even on business), working multiple jobs, in military service, or engaged in anything that takes away precious time from her children, it can put her custodial rights at risk.

A father in a custody battle can use this as a weapon against the mother to gain custody of their children. Since family courts are primarily concerned with ensuring the children’s interests are protected, they would prefer to award or transfer custody to the parent who will be there for the kids.

Therefore, if you are in a similar situation, you need to speak to an attorney and make changes to your lifestyle or work arrangements. Do this before things get out of hand and your custody gets challenged.

9. Court order violations

A mother can violate a court order in different ways, and the consequence of any violation can lead to the withholding of her custodial rights. Such violations can be in the form of abuse and neglect of the children.

If the court orders a shared custody agreement where she and her co-parent have equal custody and visitation rights, and she fails to comply or interferes with the parenting time, she is considered to be in violation of the court order.

When a mother exhibits nonconforming behavior or shows herself to be unfit to care for and protect her children, she may lose whatever custodial and visitation rights she has.

Tips to Strengthen Your Case

As a mother who has fought hard to keep her children with her, you need to ensure you are not guilty of any of the aforementioned grounds that could lead you to lose custody. However, being an exemplary mother does not mean you’ll be immune from your ex’s attempts to fight for custody.

Good thing, though, the burden of proof is on him. And if he is fighting for custody out of spite, he may end up sabotaging his own claims and helping you build your case.

To ensure you are armed with important knowledge, be aware of these factors that can weaken the other parent’s case against you during a custody battle:

• Being overly emotional or violent. If your children’s father repeatedly hurls insults or engages in angry tirades against you, or worse, is unable to control his anger during proceedings when he files a custody claim, he’ll be doing himself more damage. If you keep a record of these outbursts and you have witnesses to back you up, the court would question his fitness to be a parent. This can weaken his case against you significantly.
• Repeatedly filing complaints. Your ex could resort to filing cases against you just to stress you, disrupt your life, or generally make a nuisance of himself. However, this won’t be lost on the police or the courts, as investigations will be conducted whenever he files a case. If all the cases he files end up getting dismissed for lack of evidence, it could erode your ex’s credibility.
• Not being able to provide sufficient proof to back his claims. Again, challenges to custody arrangements require the one making a claim to provide adequate evidence. If your ex is repeatedly unable to provide the necessary documents, police or court reports, or to file the paperwork needed to show the legitimacy of his claims, the court could just ignore his request.

However, you should never underestimate your ex and must be prepared to defend your right to custody. This is why it is important to have a legal advisor who can provide you the guidance you need.

Partnering with an experienced family lawyer can give you the confidence that someone is checking on the legitimacy of your ex’s claims and the soundness of the paperwork they are providing the court, if it ever comes to that.

Don’t Lose Custody of Your Children

Even if you have gained custody of your children, it doesn’t mean that the court decision that favors you is irreversible. Therefore, it is important for you to never commit any of the mistakes mothers who’ve lost custody have made. And even then, nothing can stop a spiteful, determined ex from attempting to gain custody of your children.

However, if you’ve been doing your utmost to be a good parent and you aren’t guilty of any type of abuse or neglect, then you are on the right side of the law.

If the father does make a claim and files a case, you need to be ready.

Therefore, you need to ensure you choose the right family lawyer who has experience in these kinds of cases, understands your situation, and can provide support and legal guidance throughout.

cited Heath Baker Law.

What are the top 6 reasons a mother can lose a custody battle?

First, there are two things you should know.

1. This article is about a mother’s serious misconduct that should cause her to lose custody. It is not about how a father should engage in unnecessary or unreasonable litigation conduct.
2. This is also for fathers who have the courage to litigate the child custody case. A goal without a plan is a wish. If you “wish” to make changes, but will not follow through to do it, you are wasting your time reading this article.

If you have the ability and courage to expose the mother’s misconduct in family court and make positive changes in your child’s life, you are in the right place.

 

Mother’s Physical Abuse of Child	Mother’s Physical Abuse of the Father	Mother’s Emotional Abuse of Child
Mother’s Neglect of Child’s Needs	Frustration of Father’s Custody	Mother’s Violation of Court Order
	Steps to Gain Sole Custody of a Child

https://youtu.be/326lMwMlbkk

California Penal Code 1001.36 sets forth the state’s mental health diversion program. If you have mental health issues, this program may allow you to receive treatment in lieu of prosecution and jail when you are charged with a crime.

If you successfully complete treatment, the criminal charges will be dismissed. The record of the arrest will then be sealed for most purposes and it will be as if the arrest had never happened.¹

PC 1001.36 resulted from the passage of California Senate Bill 215 (SB 215). It became effective on June 27, 2018, and the statute was amended in 2022.

In this article, our California criminal defense lawyers will discuss:

• 1. What is mental health diversion?
• 2. How do I qualify under California PC 1001.36?
  • 2.1. You were diagnosed with a mental health disorder
  • 2.2. The disorder played a significant role in the alleged crime
  • 2.3. You would respond to treatment
  • 2.4. You waive the right to a speedy trial
  • 2.5. You agree to treatment
  • 2.6. The risk of danger to public safety is small
• 3. How long does PC 1001.36 treatment last?
• 4. Who pays for mental health diversion?
• 5. How is treatment progress measured?
• 6. What happens when treatment is complete?
• 7. Does mental health diversion “seal” my criminal record?
• 8. Can a record of the arrest be used in immigration court?

1. What is mental health diversion?

California’s “Mental Health Diversion” program may allow you to get mental health treatment when you are accused of a crime. Set forth in Penal Code 1001.36 PC, it is a form of “pretrial diversion” in California.

A “pretrial diversion program” allows you to postpone further action in your case in order to participate in a treatment program.²

 It can be requested at any point in a criminal case before you are sentenced.

The benefits of pretrial diversion in California

Upon successful completion of a pretrial diversion treatment program, the charges against you will be dismissed. The record of the arrest will then be sealed and it will be as if the arrest had never happened. (See details in Section 7, below).

Other types of pretrial diversion in California include:

• California drug diversion,³
• Military diversion for veterans with mental health issues,⁴
• California’s “bad check” diversion program, ⁵ and
• In some counties, a general misdemeanor diversion program.⁶

2. How do I qualify under California PC 1001.36?

The court can only approve a program of treatment if ALL of the following conditions have been met:

1. You have been diagnosed with a mental disorder other than an antisocial personality disorder, borderline personality disorder, or pedophilia, and the diagnosis or treatment occurred in the last five years;
2. The court finds no clear and convincing evidence that the mental disorder was not a motivating factor, causal factor, or contributing factor to the alleged offense;
3. In the opinion of a qualified mental health expert, you would respond to mental health treatment;
4. You consent to diversion and waives your right to a speedy trial;
5. You agree to comply with treatment as a condition of diversion; and
6. The court is satisfied that you will not pose an unreasonable risk of danger to public safety.⁷

Let’s take a closer look at each of these conditions.

2.1. You were diagnosed with a mental health disorder

To qualify for PC 1001.36 diversion, you must have a disorder listed in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. Most conditions qualify, including:

• Bipolar disorder,
• Schizophrenia,
• Schizoaffective disorder, and
• Post-traumatic stress disorder (“PTSD”).⁸

For more discussion, see our article on PTSD as a defense to criminal charges in California.

However, you are NOT eligible for mental health diversion under PC 1001.36 if you have the following conditions:

• Antisocial personality disorder,
• Borderline personality disorder, or
• Pedophilia.⁹

How do I prove a mental disorder?

You must present evidence of a diagnosis by a qualified mental health expert. The expert may rely on any relevant evidence, including:

• An examination of you,
• Your medical records, and
• Arrest reports.

The diagnosis or treatment must have occurred in the last five years.¹⁰

2.2. The disorder played a significant role in the alleged crime

The judge must find that your mental disorder played a significant role in the charged crime unless there is clear and convincing evidence otherwise.¹²

2.3. You would respond to treatment

For you to get diversion, a qualified mental health expert must believe treatment would be effective. Specifically, they must opine that your symptoms motivating the criminal behavior would respond to mental health treatment.¹³

2.4. You waive the right to a speedy trial

Under the Sixth Amendment to the United States Constitution, you have the right to a speedy trial.¹⁴ Diversion makes it impossible to comply with this requirement. So if you want diversion, you must waive your right to a speedy trial.¹⁵

An exception is if you cannot give a knowing and intelligent waiver due to your mental state. If you are a good candidate for diversion instead of commitment, the court may order diversion without a waiver.¹⁶

2.5. You agree to treatment

You must agree to comply with treatment as a condition of diversion.¹⁷

2.6. The risk of danger to public safety is small

Finally, the judge must be satisfied that you will not pose an unreasonable risk of danger to public safety if treated in the community.¹⁸

The judge may consider any relevant factors, including:

• The opinion of the district attorney,
• The opinion of your lawyer,
• The opinion of a qualified mental health expert,
• Your criminal history and history of violence (if any), and
• The severity of the charged offense. ¹⁹

3. How long does PC 1001.36 treatment last?

Mental health diversion under Penal Code 1001.36 lasts a maximum of two (2) years. For misdemeanors, the maximum is one (1) year.²⁰ It can consist of inpatient or outpatient treatment.²¹

Before approving a proposed treatment program, the court will consider:

• Your request,
• The request of the prosecution,
• Your needs, and
• The interests of the community.²²

4. Who pays for mental health diversion?

Payment for mental health treatment under PC 1001.36 can come from private or public funds. ²³ If you cannot afford private treatment, the court may refer you to:

• A county mental health agency, or
• Any existing collaborative court.²⁴

Though you will only be able to avail yourself of a treatment program if:

• The designated entity has agreed to accept responsibility for your treatment, and
• There are available resources for which you are eligible.²⁵

5. How is treatment progress measured?

The provider of a diversion treatment program will provide regular progress reports to the court. Such reports will also be sent to you and the prosecutor.²⁶

If certain triggering events occur (as discussed below), the court will hold a hearing to determine whether:

• The treatment program should be modified,
• Criminal proceedings against you should be reinstated, or
• You should be referred to a county investigator for possible conservatorship proceedings.²⁷

Before holding the hearing, the court will notify you, your defense counsel, and the prosecution. ²⁸

Events that will trigger a hearing

The circumstances that will trigger such a hearing are:

• You are charged with a new misdemeanor that reflects a propensity for violence;
• You are charged with a new felony;
• You engage in criminal conduct that makes you unsuitable for diversion; or
• A qualified mental health expert advises the court that:
  • Your performance in the assigned treatment program is not satisfactory, or
  • You are gravely disabled.²⁹

6. What happens when treatment is complete?

If you successfully complete the treatment program, at the end of the diversion period the court will dismiss the charge(s).³⁰

You are considered to have successfully completed a program when you:

1. Have substantially complied with the requirements of diversion,
2. Have avoided significant new violations of law unrelated to your mental health condition, and
3. Have a plan in place for long-term mental health care.³¹

If diversion was not successfully completed, the court will reinstate the criminal proceedings against you.

You will still be able to introduce any available criminal defenses to the charges.

7. Does mental health diversion “seal” a criminal record?

Upon your successful completion of mental health diversion, the charges against you will be dismissed. The arrest will be sealed. ³²

For most purposes, it will be as if the arrest and prosecution had never happened. Except as set forth below, they cannot be used to deny you any

• employment,
• benefit,
• license, or
• certificate.³³

Sealed arrest records and records of successful participation in diversion may be used as follows:

• You must disclose the arrest if you apply to be a peace officer (such as a police officer). The California Department of Justice will also disclose the arrest in connection with such an application.³⁴
• Criminal justice agencies may access and use sealed arrest records in the ordinary course of their duties. ³⁵
• A court may use the records in determining whether to grant mental health diversion in any future criminal case against you .³⁶
• The records may be used as necessary to provide continued care and treatment to you.³⁷

8. Can a record of the arrest be used in immigration court?

Sealing a record in California does not remove it from consideration by an immigration court. Though there should be no immigration consequences from mental health diversion as long as:

• You do not plead guilty to a removable (deportable) offense or an “inadmissible” crime, and
• You do not admit to any facts that are essential elements of such an offense.

Immigrants should consult with an experienced California criminal defense attorney before agreeing to participate in a program of diversion. Never plead guilty to a crime without understanding the immigration consequences.

Legal references:

“Wow! Shows how one person can truly make a difference in someone’s life, but they didn’t stop there, and continue to help so many!” 

Kevin Berthia’s life was saved by an officer identified as Kevin Briggs who prevented him from jumping off a bridge Sixteen years ago when Berthia was trying to jump off the Golden Gate Bridge in San Francisco, California, he heard Officer Briggs’ compassionate voice The young man who is still good friends with Officer Briggs, now retired, has a foundation that is helping people that are battling mental health issues Your support matters. Sustain independent journalism in Nigeria – contribute to Legit.ng. Kevin Berthia, a man whose life was saved 16 years ago when he tried committing suicide at the Golden Gate Bridge in San Francisco, California, is now helping people that are suffering from mental health issues. According to Berthia who was 22 at the time, it was Officer Kevin Briggs’ compassionate voice that helped him open up, stopping him from jumping off the Golden Gate Bridge.

God Bless both men. Both were given journey’s through one man’s wanting to end his own life and another man, A GOOD COPS, reaching out and changing 2 peoples lives forever.
In a report by @goodnews_movement, Officer Briggs said he hadn’t experienced anything like that, little did he know that he would end up saving some 200 others, becoming known as a “guardian” of the bridge.

The officer has now retired but he’s friends with Berthia, who currently has four children and runs Kevin Berthia Organization, which is helping others with mental health battles. source

check them out now 10 Years Later, A Pair Of Strangers Revisit A Leap Not Taken

Officer, man he saved from Golden Gate Bridge suicide attempt to speak at event in Memphis

Nearly 15 years after Kevin Briggs helped Kevin Berthia stop his suicide attempt at San Francisco’s Golden Gate Bridge, the two will share their story with a Memphis audience.

Briggs and Berthia are the keynote speakers Tuesday morning at Methodist Le Bonheur Healthcare’s annual Dennis H. Jones Living Well Network Mental Health Breakfast. As the two detail their encounter on the bridge, Briggs said he hopes the audience will learn how to talk openly about their emotional health and help someone who may be suffering.

“We bring a lot of emotion into this for a reason, as both Kevin (Berthia) and I suffer from a mental illness,” said Briggs, a retired highway patrol officer who had experience deescalating suicide attempts on the bridge.

Berthia said he felt overwhelmed that day as all the past pains he buried resurfaced all at once. To help him, Briggs said he focused on “whatever ray of hope or sunshine” was in Berthia’s life: his child.

“That would be No. 1 in most people’s minds,” Briggs said. “So I thought, ‘Let me focus on this and see where it goes.’ That’s what eventually brought him back.”

Allison White, supervisor of Methodist’s Living Well Network, said Briggs and Berthia’s message will help inform people how to help those who are struggling and direct them to the right resources. The Living Well Network, a free service, connects people with the right behavioral health provider for their needs.

The network saw referrals increase in 2019 as medical providers talk more about behavioral health with their patients and people openly discuss mental health on social media and through other channels, White said.

“If it’s under the behavioral health umbrella, it’s hard when you’re struggling to know where to turn for help,” she said. “We do that for them.”

More information about the event, which takes place at The Hilton Memphis on Ridge Lake Boulevard, is available on Methodist’s website.

If you or someone you know may be struggling with suicidal thoughts, you can call the U.S. National Suicide Prevention Lifeline at 800-273-TALK (8255) any time of day or night or chat online.

Crisis Text Line provides free, 24/7, confidential support via text message to people in crisis when they dial 741741.

source
Max Garland

Officer is reunited with suicidal man he talked down from from the Golden Gate Bridge eight years ago
… to find he’s now happily married with two kids

• Kevin Berthia was perched on the iconic bridge ready to take a fatal leap on March 11, 2005
• California Highway Patrol officer Kevin Briggs spent 60 life-changing minutes convincing Berthia to climb back over the rail
• Pair were reunited as Berthia presented Briggs with an award at the emotional American Foundation for Suicide Prevention public service ceremony earlier this month

A San Francisco man who almost took his life eight years ago by jumping off the Golden Gate Bridge has been reunited with the hero who saved his life.

Kevin Berthia was perched on the iconic bridge ready to take a fatal leap on March 11, 2005, when he heard the voice of California Highway Patrol officer Kevin Briggs calling out to him from above.

Over 60 life-changing minutes, Briggs managed to convince Berthia, as he has done with hundreds of suicidal men and women, to climb back over the rail and give life another shot. Since that significant day Berthia hasn’t looked back and is now happily married with two children.

And this week he was able to thank the man who made all that possible. The pair reunited as part of an emotional ceremony honoring Briggs and other members of the CHP known as the Guardians of the Golden Gate Bridge, whose job it is to gently talk people like Berthia down from the structure.

‘It was phenomenal,’ Berthia, 30, told Yahoo News about the reunion at the American Foundation for Suicide Prevention public service ceremony.

On March 11, 2005 Kevin Berthia hit rock bottom.

He decided to go to the Golden Gate Bridge to end his life, but what happened on the bridge that day changed his life forever.

“I had just become new father, just recently lost my job,” Berthia explained. “So many things. All the things I didn’t handle in my life end up coming up on that day…and I felt like I didn’t have a choice. I was tired of living a lie, keeping this mask on pretending like everything was fine. Everything wasn’t okay and I just got overwhelmed and I didn’t see a way out.”

Berthia grew up in Oakland and had never been to the iconic span.

He didn’t even know how to get there and had to ask for directions.

“I was banking on whoever I asked for directions they’d say ‘Why do you want to go? No one ever asked,” he told KCBS Radio on the Golden Gate Bridge last month, as heard on KCBS Radio’s “Bay Current” on Monday. “I considered it as a done deal and I saw it as a sign.”

California Highway Patrol Officer Kevin Briggs, who became known as the “Guardian of the Golden Gate Bridge,” spotted Berthia just as he leapt over the railing. “If I had 50-foot hands to reach out and grab him. That’s what I felt like,” Briggs said. “I yelled and he reached out and caught that rail, swung around and hit it, But I didn’t know that he reached out and caught that rail. I thought he was gone.”

What happened next was captured in this haunting photo, later seen around the world.

For 92 minutes, they talked.

“You have to understand something,” Berthia said. “I never opened my eyes once. I never knew he was a cop and I never knew he was white. So this whole conversation we had…I never knew anything about him. If I would have opened my eyes conversation, the conversation would have been a little different. Where I’m from – Oakland, California – how I looked at law enforcement at the time was completely different from how I look at law enforcement now.”

Eventually, Briggs and another officer helped Berthia back over the railing and took him to the hospital.

Eight years later, the two reconnected when Berthia was asked to give Briggs a public service award in New York. That’s when Berthia believes Officer Briggs saved his life again.

“By 2013 I was up to 22 failed suicide attempts,” Berthia added.

He soon realized he wasn’t alone and that telling his story on stage helped other people.

Now, Berthia is a public speaker and a passionate advocate for suicide prevention and started the Kevin Berthia Foundation.

Two men were forever bonded over one act at the Golden Gate Bridge.. Photo credit Matt Pitman/KCBS Radio

“My whole life, I felt alone,” he said. “I’m an African American man from an African American community who doesn’t talk about mental health or suicide prevention.”

Briggs retired from the CHP in 2013 after responding to hundreds of suicide calls on the Golden Gate Bridge. He’s now a mental health and suicide prevention speaker. “The look in people’s eyes when I’d look at them over the rail I’d see some hope. But they didn’t know how and (were) tired of living in agony. That’s what drove me to do this job bet data-uri=”www.audacy.com/_components/paragraph/instances/cky83047s0024387ll7mgk5xf@published” data-editable=”text”>Berthia and Briggs might come from two different backgrounds but say they were brought together on the bridge for a reason. source

we all owe it to one another to be kind to one another and help one another. good job good cop

That’s me in the picture: Kevin Berthia on the Golden Gate bridge

‘I was convinced I was going to hurl myself off but his voice made me stop and grab the railings. That’s what you see’