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This depends on why the child is failing and what has been done to make sure the child does not fail school. There can be a million reasons for this including ADHD etc. So no one will take take custody just because the child is failing. That usually just add more stress into the child's life and increase the risk for failing further. But if the child is failing and the mother can not show that she has tried and she has not worked with the school or socialworkers, she could be considered a unfit parent and her rights can be taken away.

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12y ago
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10y ago

No that in itself would not be grounds to declare parent unfit. However, it it is part of a pattern of neglect, the court could make a modification to the custody order. On the other hand, if the custodial parent is not sending the child to school, the matter is more serious. The non-custodial parent could take the matter before the court but they should be prepared to provide enough evidence for the court's review.

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Q: Can a mom lose custody because the child is failing school?
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