Losing custody can be devastating. If you are looking to regain custody of your child in New York, understanding the steps you can take towards accomplishing this goal is crucial. It’s a complex process that demands considerable effort and the guidance of an experienced Suffolk County Child Custody Attorney. Please continue reading as we explore how a parent can regain their rights after losing custody.
How Can a Parent Lose Custody of a Child?
In New York, a parent can lose custody of their child through numerous actions or situations that demonstrate that they are unfit to care for their children or that endanger the child’s well-being. Custody revocation is a measure courts rarely employ, as their primary goal is to maintain a child’s relationship with both parents, making it a last resort. Generally, a parent’s custody rights are terminated when the court deems it to be in the child’s best interest. Compelling reasons are required to justify such a decision. These reasons may include:
- Accusations or convictions of child abuse, neglect, or domestic violence
- A home environment that is unsafe or unstable
- A parent’s drug or alcohol use is impacting their ability to care for the child
- Failure to adhere to custody orders, like visitation schedules or restrictions
- Intentional actions by one parent to turn a child against the other parent
- Lack of contact between a parent and the child
- Parental incaraceration
- A parent’s mental illness
- Taking a child out of the jurisdiction without permission or against a court order (parental abduction)
How Can I Regain Custody?
In the unfortunate event that you have lost custody of your child, there are several steps you can take to petition a New York family court judge for reinstatement. The parent who lost custody carries the burden of proving they have resolved all issues and can provide adequate care for the child. For example, if custody was lost due to substance abuse problems, you will need to demonstrate your effort to become sober through participation in treatment programs.
After addressing the reason why custody was terminated, you can formally request the court to review the current custody arrangement and consider changes. In your petition, you must outline the changes you have made and stipulate why it’s now in the child’s best interest to be placed in your care. You need to show that you have complied with court-ordered requirements like parenting classes, counseling, supervised visitation, or other steps. The court will review the evidence and testimony you present to make a decision based on what it believes is in the child’s best interest.
Regaining custody in New York can be a long and challenging legal process. At The Law Offices of Susan A. Kassel, P.C., we are prepared to represent your interests and safeguard your rights. Connect with our firm today to schedule a consultation.
