Child custody is complex and complicated. People often have strong and differing opinions when it comes to what is best for their kids. Sometimes, a parent is deemed unfit and is not awarded custody. Other times, a parent who has been awarded custody will lose it. In either of these cases, you may attempt to gain custody of your child. This is possible, but it can be difficult to do. It will require change, patience, and a skilled family law attorney. Read on to learn more about how parents lose custody and what they can do to earn it back.
How is Custody Determined?
When a couple with kids gets divorced, they will have to figure out a custody arrangement that suits the needs of the child. This can be difficult to do, so the decision is often left to the court. When making a decision about custody, a New York court will examine the following:
- If the parent will act in the child’s best interest
- If the parent can provide a stable home
- The relationship between the child and each parent
- Any history of domestic abuse or substance abuse
- The mental and physical health of the parent
- The work schedule and lifestyle of the parent
- The preference of the child if they are of sufficient age
Why do Parents Lose Custody?
Parents can lose custody for a number of reasons. The most common reasons include:
- Substance abuse
- Refusal to co-parent
- Failure to follow court orders
Can I Win Back Custody?
For the most part, the court believes that a child benefits from a relationship with both parents. But, if a parent is deemed unfit, he or she will lose custody. In some cases, a parent will still have visitation rights. Every situation is different. If you lost custody, it is for a reason, and to win back custody you will have to address this reason. For example, if you are in a relationship with someone who has created an unsafe environment for your child, you may have to end this relationship. In order to gain back custody, you will need to retain the help of an experienced family law attorney.
If you have lost custody and you are attempting to win it back, contact our firm to speak with a dedicated family law attorney today.
CONTACT OUR FIRM
Matters of divorce and family law should be navigated with the guidance of an experienced attorney. If you need strong legal representation regarding matters of divorce, family law, and estate law, contact the Law Offices of Susan A. Kassel, P.C. to schedule a consultation today.