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It depends on the reason she is receiving benefits. If she is mentally disabled or seriously handicapped so as to be unable to care for her child she may lose custody. It depends on the severity of her condition. The determination will be made in the best interest of the safety of the child. On the other hand, she cannot lose custody simply for receiving state aid. Most single parent families receive some type of aid since non-payment of child support is a widespread problem in America.

In order to lose custody of a child the parent must be determined to be unfit. The factors used to determine that a parent is unfit are generally governed by state laws with child endangerment being the determining factor. The following include some of the reasons a parent may be declared unfit:

  • physical, emotional and sexual abuse
  • excessive discipline
  • failure to protect the child from abuse by others
  • failure to report abuse of the child
  • neglect- failure to provide food, clothing, proper hygiene, necessary medical treatment, schooling
  • failure to provide proper medical care
  • failure to provide day to day parental care
  • serious illness or disability
  • mental illness
  • substance abuse or addiction
  • Alcoholism
  • criminal activity and/or associations
  • incarceration
  • conduct or conditions that are seriously detrimental to the child
  • abandonment
  • child endangerment
  • leaving the child unattended or in the care and supervision of a child or otherwise incompetent person
  • a failure to provide adequate supervision
  • unsafe living conditions
  • a medical condition that makes it impossible for the parent to adequately care for the child
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Q: Can a mother lose her parental rights if she is receiving benefits from the state?
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