Could I Lose Custody for Child Endangerment?

Child endangerment cases carry high stakes for families. If the endangerment is true, the child may face serious risks by remaining in the parent’s custody. But if there was no endangerment, the child might lose a meaningful relationship with their parent.

Parents and courts must navigate these delicate cases carefully. You may lose child custody or visitation rights if it finds enough evidence of endangerment. Learn what conditions may jeopardize your custodial rights and how to defend them.

What Qualifies as Child Endangerment?

Child endangerment happens when an adult knowingly causes or allows circumstances that could expose a child to harm. This harm can be physical, mental, or emotional.

Endangerment doesn’t always cause actual harm. Rather, it causes the conditions for potential harm. Endangerment can be active or passive. Simply allowing a child to be in a risky situation may constitute endangerment.

State laws have distinct legal definitions for endangerment. These definitions often share similarities with child abuse and child neglect. However, the legal consequences may vary.

Examples of Child Endangerment

Child endangerment could include many circumstances, such as:

• Leaving a child in the care of someone who could be unsafe, perhaps due to prior substance use or physical abuse issues
• Leaving a minor child unsupervised at home, car, or in a place they may be at risk of child abduction or abandonment
• Committing a crime while a child is in your care, such as transporting them while driving under the influence (DUI) or driving recklessly
• Committing domestic violence, even if the child was not directly targeted
• Giving the child access to a weapon or hazardous substances, such as leaving a gun case unlocked or a medication container open
• Failing to seek appropriate medical care for a child’s illness or condition
• Posing a risk of abuse or neglect due to severe mental illness, which may include attempting suicide

Child endangerment differs from ordinary scenarios where the child may be hurt. For instance, children who play on the playground inherently face a risk of scrapes and falls. Children who play sports may get injuries that are common to those sports.

That’s why endangerment definitions usually specify a willfulness or awareness of greater harm. Increasing the risk, such as by forcing the child to use unhealthy training practices, may lead to endangering the child.

Reporting Child Endangerment

Anyone can report suspected child endangerment to authorities. A co-parent or family members may report endangerment. Some people are mandatory reporters, meaning they have a legal responsibility to report abuse even in confidential contexts. Examples of mandatory reporters include teachers, counselors, doctors, and coaches.

Reporting child endangerment and abuse doesn’t require indisputable proof of an injury. The reporter only needs a genuine reason to believe the circumstances might lead to harm.

Your actions during a report or investigation can affect the court’s perspective. Parents cannot harass or intimidate someone against making a report, even if it is false. Retaliation may appear unfavorable to a judge. Instead, parents can work with their attorney during the legal process to show whether the child is safe.

Child Endangerment Investigations

A report usually triggers an investigation for child abuse or endangerment. An evaluation will determine whether there is enough evidence of harm to intervene.

The process differs by state. Child Protective Services (CPS) often conducts investigations for abuse, neglect, and endangerment. Police and other agencies may also investigate these cases.

The investigator’s job is to make an evidence-based recommendation to the court. Michigan offers an example of investigation procedures. A social worker may visit the home to collect information. The investigator may speak with medical professionals, school officials, or therapists. They may interview and examine your child without you present.

The investigation findings will be relevant to the ensuing child custody or criminal defense case. If you are under investigation for child endangerment, an attorney can help you navigate the process. They can offer legal advice for staying cooperative while protecting your rights.

Immediate Responses to Child Endangerment Claims

The response from investigators or police can vary. The perceived level of danger and local protocols can affect how they handle the situation. Some investigations remain a child welfare issue, while others escalate to criminal investigations.

In many cases, the child can remain with the parent when there aren’t immediate signs of danger. But if the child needs urgent help, CPS or law enforcement will temporarily remove the child from the parent’s care. This difficult decision can be traumatic for a family, especially if the accusation is false. However, the priority is to guarantee the child’s safety while reviewing the situation.

When appropriate, the other custodial parent, a grandparent, or other relatives may get sole custody until the investigation is complete. This arrangement allows the child to stay in a more familiar, stable environment.

Otherwise, the court may place the child with a temporary guardian or foster care provider. These caregivers must meet requirements to ensure the child’s well-being while in their care. Children are not available for adoption during these short-term placements.

Reduced contact with your child can be alarming. However, it is important to obey court orders and avoid additional problems like parental kidnapping. Losing custody of the child might not be permanent. If the court doesn’t find endangerment, the original custody order and parenting plan typically resume.

Protecting the Best Interests of the Child

The outcome of a child custody case depends on what the family court believes is best for the child’s life. It decides whether awarding a parent with physical custody or legal custody would benefit the child.

Many states presume that maintaining parent-child relationships would be best in most cases. Judges therefore try to give both parents custody when possible. Yet, courts consider many other factors related to the child’s safety and well-being. One of the major factors in the custody arrangement is each parent’s ability to keep the child reasonably safe.

Parents can’t foresee and avoid all injuries a child will experience as they grow up. However, parents are responsible for giving the child appropriate food, shelter, health care, and other necessities. Parents also have a legal duty to prevent probable danger and emotional damage.

Endangerment May Terminate Parental Rights

Courts consider similar factors when deciding whether to end a parent’s rights. A parent’s custody rights aren’t always in the best interests of the child. The court may even determine that interactions through visitation may pose too much risk.

Courts prioritize a child’s welfare above maintaining a custodial parent-child relationship. Issues like substance abuse, sexual abuse, or domestic violence typically warrant the loss of custody. This is also true if the parent did not directly enact the abuse but put the child in conditions that could lead to abuse.

These considerations apply equally to married, unmarried, and separated parents. They also apply to both biological and non-biological parents. A court may still take away custody of their children due to endangerment.

Other Penalties for Child Endangerment

Child endangerment is not just a family law issue — all states consider it a crime. In addition to losing parenting time and rights, you may face jail time and fines. Parents may face other criminal charges alongside child endangerment, such as DUI or drug crime charges.

As an example, California law categorizes child endangerment charges as a misdemeanor or felony. The charge depends on whether there were “circumstances or conditions likely to produce great bodily harm or death“ (CA PC § 273a).

You may also be subject to probation or mandatory programs, depending on the type of danger and state law. The court may also issue a protective order or restraining order. This order would place specific limitations on your activities concerning the child.

Legal Defenses to Child Endangerment

Child endangerment concerns both civil and criminal matters. The criminal case can shape the child custody case, but judges use different criteria for these decisions. You could win the criminal case yet still lose custody in a civil case. Therefore, keeping custody of your child often depends on a successful defense from both angles.

Some of the potential defenses to child endangerment include:

• Lack of intent or recklessness: The harm was accidental or the parent had no reason to believe the child could have been in danger. The parent may have also taken reasonable steps to prevent the harm.

• Lack of danger: There was no higher likelihood of harm to the child. An endangerment claim may be due to a good-faith misunderstanding.

• False claim: There is no danger due to an intentional lie. Another party might knowingly weaponize a false endangerment claim, such as for parental alienation or personal revenge. Courts heavily penalize false claims because they cause undue harm to the parent and child.

In contentious custody battles, legal advice can help. Parents often turn to attorneys who have experience with these multifaceted custody disputes.

Can I Regain Custody After Child Endangerment?

Restoring custodial rights may be possible, but the process can be challenging. As with any decision for child custody, the court will prioritize the child’s welfare. The parent must show how custody or visitation will align with that goal.

You may reinstate parental rights if you prove the child would no longer be in danger with you. Solving the problem that caused the endangerment can be difficult. Many cases take years to resolve. Yet, some parents successfully reunite with their children.

A judge may consider several factors in reinstating custody or visitation, such as:

• The severity and nature of the endangerment
• The best interests of the child
• Your progress in therapy, treatment, or other rehabilitative programs
• Your current ability to provide care and support for the child
• Supporting evidence, such as witness testimony or character reference letters
• The preferences of the child, depending on their age and state law

Another possible option is to appeal the court’s ruling of endangerment. This option is only available on certain grounds, such as a court procedural error. Yet, an appeal might not be enough to overcome the concerns of the child custody case because different legal standards apply. A civil judge may still believe custody would not serve the best interests of the child.

Speak With a Child Custody Attorney

An accusation of child endangerment can be overwhelming. Loss of custody can have far-reaching consequences for the parent and child. These cases can cause psychological distress, reputational damage, and disruptions to life. What you do in the immediate aftermath of a report can impact the outcome.

Legal advice can guide you from day one. Call a family law attorney or a criminal defense lawyer as early in your case as possible. Some law offices practice in both areas of law. Your lawyer will advocate for your parental rights.