Can I Win Back Custody After Losing it in New York?

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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:

  • Abuse
  • Substance abuse
  • Neglect
  • 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.


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.

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We have an excellent AVVO rating from our many happy clients

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We treat our clients with the compassion, patience, and respect that they deserve

We have more than 20 years of dedicated legal experience

We have the legal knowledge necessary to help you obtain the outcome you desire

We tailor our practice to the representation of your divorce case

What Our Clients Are Saying

I hired Susan to represent me in a divorce matter where I was fighting for custody and to limit my wife's equitable share of our assets. I won custody of our son, kept the marital residence, kept my professional practice, kept my building and paid less than half to my wife. This was after a long-term marriage. She could persuade the court that equitable is not equal and sometimes the man does deserve to win!

‐ Dave

I first must say that I had been represented by two prior attorneys both of whom had simply taken my money and left me nothing to show for it in my custody case. They kept telling me what they were doing for me but I found out they were lying. Susan on the other hand had gotten me temporary custody and support for my children and myself within two months of hiring her. I cannot say enough about her.

‐ Craig

After talking to a few other attorneys, I hired Susan to represent me in my divorce and custody dispute. I was reluctant to go with her because she was the cheapest out of all the other attorneys I met with, but I'm so glad I did. I am 100% positive no one else would have done such a great job with my case as Susan and her staff. Her work is quality, her staff is reliable and her character is honorable. There...

‐ Linda

I had a very difficult case where I had already burned through two attorneys who were unable to get me custody of my children and complete my divorce. Susan was able to rapidly work out an agreement and not let it just malinger on like my previous experiences. She was also considerate of my financial situation unlike all of the other lawyers I had spoken to. I highly recommend her if you want complete and caring service with an in-depth knowledge of...

‐ Joanne


The Law Offices of Susan A. Kassel, P.C. proudly serves clients throughout Suffolk County, New York in their divorce, family law, and estate planning matters. If you require the services of an experienced Suffolk County attorney, schedule a consultation with The Law Offices of Susan A. Kassel, P.C. today.

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