Skip to content

Child Custody | Family

Can I Lose Custody Of My Child For Being Evicted?

14 min read
Philip Ahn, Attorney

by Philip Ahn, Attorney

Being evicted does not necessarily mean a parent will lose primary custody of their child. However, the court may reassess the custody arrangement if the eviction negatively impacts the child’s welfare. The court’s primary concern is always the best interests of the child. 

If the eviction results in the child being in an unsafe or unstable living environment, the court may consider altering the custody agreement. Additionally, if the parent being evicted has a history of physical abuse, this could further impact their custody rights. Even if primary custody is not affected, the visitation schedule may need to be adjusted to ensure the child’s safety and well-being.

A Child Custody Case

Child custody is an important legal matter involving parents’ or guardians’ rights and responsibilities over a child. When a custody case arises, it is often due to a divorce or separation, and both the mother and father may be seeking custody of the child. In some child custody cases, child protective services may be involved if there are allegations of abuse or neglect.

Visitation entitlements may also be granted to the non-custodial parent, as it is often in the minor’s best interest to maintain a relationship with the mother and the father. Mental health can also be a factor in custody cases, as the court will want to ensure that the parent or guardian can provide a safe and secure environment for the child.

An attorney or lawyer can help navigate the complicated judicial process and ensure the mother and child’s best interests are considered.

Other common reasons for custody disputes may include the following:

  • Eviction processes
  • Financial support
  • Violation of agreements.

The judge will decide based on each case’s circumstances and what appears to be in the minor’s best interests.

Legal Custody

Legal custody is a term used to describe the right of a parent to make crucial decisions in a child’s life, such as their education and medical care. In a child custody case, a judge may award legal custody to one or both parents, depending on the circumstances.

It is important for the parent with legal custody to involve the other parent in major decisions affecting the child and to comply with any agreements made in court, as violating the terms of a custody agreement can lead to legal consequences such as expulsion or support modifications.

Physical Custody Battle

Physical custody refers to the right of a parent to have their child physically live with them rather than with the other parent.

In a child custody case, a court may award physical custody to one parent or both, depending on factors such as:

  • The child’s best interests
  • The behavior of each parent
  • Any evidence of abuse or violence

It is important for parents to attempt to agree on physical custody and visitation before going to court, as a custody battle can be emotionally and financially draining for families and put kids at risk of being hurt or evicted from their house.

Temporary Custody

Temporary custody is a type of child custody arrangement established until a more permanent solution can be determined. This may be necessary in child custody cases where:

  • One parent cannot care for the children due to illness
  • Work obligations
  • Or other reasons

A judge typically makes temporary custody orders after considering the minor’s best interest and may include provisions for visitation and support by the other parent. Parents need to work with their lawyers or attorneys to ensure that temporary custody orders are legally binding and safeguard the health and well-being of their children.

Court Order During The Eviction Process If You Have Children

If you have children and are facing eviction, it is vital to understand your constitutional rights and options. Sometimes, a judge may issue a court order that provides additional protections for families with children during expulsion. This may include:

  • Provisions for custody
  • Visitation
  • Support from the other parent
  • As well as measures to ensure the health and well-being of the children

It is essential to consult with an attorney or lawyer specializing in family law about the court order to ensure your rights are protected. You can access the resources and support you need during this difficult time.

A Custody Agreement

A custody agreement is a legally binding document that outlines the terms of child custody and visitation arrangements between two parents no longer living together. This agreement can be reached through negotiation or mediation and may be approved by a judge to ensure it is in the minor’s best interest.

It may include provisions for:

  • Custody
  • Visitation
  • Support
  • Other issues related to the care and well-being of the child

Parents need to work with their lawyers or attorneys to ensure that the custody agreement is fair, equitable, and enforceable under the law.

How Courts Determine Child Custody Cases

When a child custody case goes to court, the judge will consider several factors before deciding. These factors may include the following:

  • The minor’s age and needs
  • The parent’s ability to provide for the child’s physical and emotional well-being
  • Any history of abuse or neglect
  • The minor’s relationship with each parent

The judge will also consider the following, parents’ living arrangements, including the stability of each household and the proximity of each parent to the minor’s school, doctor, and other vital activities.

In some cases, the court may order evaluations or assessments to help determine what is in the best interests of the child. Both parents can present evidence and arguments to the court and may be represented by attorneys or lawyers.

The court will decide based on what it believes is in the minor’s best interest, considering all relevant factors and evidence presented. Both parents must behave appropriately and cooperate with the court process to ensure the best possible outcome for their child.

Removing Someone Who Has A Dependent Child From A Property Or Residence

Removing someone with a dependent child from a property or residence is a delicate and complex matter that must be handled carefully. The needs and rights of the children involved must be considered, as well as the grounds for eviction. In cases where the minor’s mother or father is being evicted, they may need to find alternative housing options that can accommodate their children’s needs.

Attempting to remove someone with a dependent child from a property without proper procedures could result in constitutional and financial consequences. It’s essential to explain the situation to the affected parties and provide them with information on resources that may be available to help them in their current position.

In some cases, abuse or harm to the child may be a factor, and steps must be taken to ensure their safety and well-being. Ultimately, the best course of action will depend on the case’s conditions, and seeking advice from a family law attorney may be advisable.

Evicting A Person Who Has A Disabled Child From A House

Evicting a person who has a disabled child from a house is a sensitive matter that requires special attention. The grounds for eviction should be carefully examined to ensure that the family’s rights are not violated.

If the family is being evicted due to the disability of the child, it may be considered discrimination, which is prohibited by law. In such cases, the mother, father, or other guardian of the child may be able to contest the expulsion and seek constitutional protection for the minor’s rights.

It’s essential to recognize that disabled children and their families may be at a higher risk of harm and homelessness when facing eviction. Appropriate support services should be made available to them. Fathers, mothers, and other caregivers of disabled children should be aware of their constitutional rights and seek the assistance of lawyers if they believe they have been subject to unfair or illegal eviction proceedings.

By working together, all families can access safe and stable housing regardless of their circumstances.

Reasons for Modifying Child Custody Arrangements Based On Eviction

When a parent is evicted from their home, it can significantly impact the child custody arrangement. If the custodial parent is expelled, it may be necessary to modify the custody arrangement to ensure the minor’s well-being and safety. The court may consider factors such as:

  • The living conditions of both parents
  • The impact of expulsion on the child’s life
  • Any history of abuse or neglect

A parent’s behavior and access to resources, such as a stable home and support system, may also be considered. It’s essential to consult with an attorney or lawyer who is conversant with child custody cases and can provide guidance and support through this challenging time.

Determine Your Eligibility for Rental Assistance In Case Of Eviction To Protect Your Child Custody

If you are facing eviction and have a child custody agreement, it is essential to determine your eligibility for rental assistance to safeguard your family’s well-being. Rental assistance can provide a financial safety net to ensure that you can provide stable housing for your children and maintain custody arrangements.

Contacting an attorney or lawyer familiar with family law can also help you understand your constitutional options and ensure that your child’s custody rights are protected during this difficult time.

Strategies To Cushion Yourself If You And Your Children Are Facing Eviction

If you and your children are facing expulsion, there are some strategies that you can use to cushion yourself, including the following:

  • One of the most important things is to seek legal assistance from an attorney or lawyer familiar with family law. They can help you navigate the court system and understand your rights and options.
  • You should also gather evidence supporting your case, such as records of abuse or neglect, and be prepared to present it in court
  • Additionally, you may want to consider reaching out to organizations that provide support for families facing eviction, as they may be able to offer resources and assistance

Providing For A Child During An Eviction

During an eviction, it can be challenging to provide for a child, but it’s important to prioritize their basic needs, such as:

  • Food
  • Shelter
  • Safety

Consider contacting local charities, non-profits, or government agencies for assistance. If you have concerns about the other parent’s involvement, consult with your attorney or the court to determine the appropriate steps to safeguard your minor’s well-being.

Eviction’s Impact On The Children

Facing eviction can be a traumatic experience for children. The prospect of losing their home and being uprooted from familiar surroundings can cause immense stress and anxiety. In addition, the uncertainty of where they will live and how their daily routine will be affected can also hurt their mental health and well-being.

Children may also feel a sense of guilt or responsibility for the family’s situation, even though it is beyond their control. Furthermore, eviction can disrupt their education and social life, as they may have to switch schools or be separated from friends and support networks. It is essential to prioritize the needs of children during an eviction and ensure that their physical and emotional safety is protected.

Eviction Impact On The Parental Visitation Rights

Eviction can significantly impact the parental visitation of the non-custodial parent. If the custodial parent is evicted and forced to move, it can create an additional barrier to the non-custodial parent’s ability to visit with their child. The distance between the new residence and the non-custodial parent’s home may be more significant, making it more difficult for them to exercise their visitation rights regularly.

Moreover, the new house or apartment may be unsuitable for visitation or not meet the requirements set out in the custody agreement, making it even more challenging for the non-custodial parent. In some cases, an eviction may even result in the loss of parental visitation entitlements, which can devastate both the children and the non-custodial parent.

It’s crucial to consult with a lawyer and the court as soon as possible to address the situation and ensure that the visitation entitlements of the non-custodial parent are protected during an eviction.

What Is The Time Frame For Moving Out Following An Eviction Notice If I’m A Custodial Parent?

The time frame for moving out following an eviction notice if you’re a custodial parent depends on the laws in your state and the terms of your lease. You may have a few weeks or months to find a new home for yourself and your child. It’s essential to work with an attorney or legal aid organization to understand your rights and options during this time and to communicate with the other parent if you have a custody agreement in place.

Can An Eviction Be A Basis For A Change In Custody?

An eviction can be a basis for a change in custody if the living arrangements of the custodial parent and child are significantly impacted. The other parent can file a motion in court to modify custody, presenting evidence of the custodial parent’s inability to provide a stable home for the child due to the eviction.

The court will evaluate the minor’s best interest when deciding, considering factors such as:

  • The minor’s relationship with both parents
  • Their education and
  • Their emotional and physical well-being

What Are The Ways To Postpone An Eviction When You Or The Other Parent Have Children?

There are several ways to postpone an eviction when you have children, including:

  • Filing a motion to stay the eviction
  • Seeking a court order for more time or
  • Negotiating with your landlord

You may also be able to access rental assistance programs or seek help from an attorney or legal aid organization.

Additional constitutional protections may be available in cases where the eviction is related to domestic violence or abuse, such as restraining or emergency custody orders. It is essential to act quickly and seek help as soon as possible to safeguard your and your children’s well-being and avoid the risks associated with homelessness.

What Is The Process That Judges Follow To Reach Decisions Regarding Custody Arrangements?

When making custody decisions, judges follow a process involving many factors. These may include:

  • The child’s age
  • The parent’s mental and physical health
  • The minor’s relationship with each parent
  • The judge may also consider any history of domestic abuse
  • If one parent has been evicted from their home, the judge may consider that when making a decision

The goal is to determine what is in the best interest of the child or children involved. The mother and father will be able to present their case and provide evidence to support their position. The judge will carefully review all the information presented and decide based on what they believe will be in the minor’s best interest.

Is It Possible To Face Eviction When You Have A Baby?

It is possible to face eviction when you have a baby if you do not comply with the terms of your lease or rental agreement. The grounds for expulsion may vary depending on the case’s specific circumstances. In some cases, the eviction may result in the displacement of both the mother and the child.

It is vital to seek legal advice and explore all available options to avoid being evicted, as this can be a difficult and stressful experience for both the child and the ex-spouses.

If the eviction is due to the landlord’s failure to maintain the property or unsafe living conditions, the family may have constitutional grounds to fight the eviction. If the family faces eviction due to financial difficulties, they may be able to negotiate a payment plan or seek assistance from government programs to help with rental assistance.

The safety and well-being of the child must be a top priority, and the mother and father should explore all possible options to avoid putting their child at risk of being hurt or displaced.

Hire An Unbundled Family Law Attorney To Safeguard Your Child’s Custody Rights If You Are Facing An Eviction

If you are facing eviction and are concerned about your child’s custody rights, it may be wise to consider hiring an unbundled family law attorney to safeguard your interests. These attorneys offer specific legal services tailored to your unique needs, such as drafting documents, constitutional advice, or representation in court.

They can help you navigate the complex legal system and safeguard your minor’s best interest, whether you are the mother, father, or caregiver.

Additionally, they can help you build a solid case based on the grounds for custody, such as divorce, abuse, or other factors related to the child’s health and safety. By having an unbundled attorney on your side; you can attempt to minimize the risk of harm to your child and protect your family’s future.

The legal fees of an unbundled lawyer are affordable and can vary from $500 to $1500, whereas the rates charged by a full-service lawyer may be higher.

While Unbundled legal services may not be appropriate for all constitutional matters, they can offer significant advantages when you only need the assistance of a lawyer for specific tasks.”

Contact an Unbundled family lawyer to explore your child custody rights and safeguard your children.

Related Blog Posts

Ready to Talk to a Lawyer?

Receive a free consultation with a more affordable lawyer in your local area