Losing custody of a child can be devastating. But, it does not have to be permanent. Read on to learn more about how custody is determined and what to do if you have lost custody in New York.
How is Custody Determined?
Child custody is a complex issue. When making a decision about custody, a judge will work to do what is in the child’s best interest. In order to make a decision about custody, a judge will examine the following factors:
- The parents’ ability to communicate, cooperate and agree regarding matters of the child
- The parent’s willingness to accept custody and any unwillingness to allow parenting time
- The relationship of the child with their parents and siblings
- Any history of domestic violence
- The safety of the child and the safety of one parent from another
- The preference of the child when of sufficient age
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The fitness of both parents
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities
Why do Parents Lose Custody?
For the most part, New York courts believe a child benefits from having a relationship with both parents and will work to make this happen. But, in some cases, a parent will be deemed unfit and 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
What if I Lose Custody for Substance Abuse?
If you have been deemed unfit, you may 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 have lost custody due to substance abuse issues, you may have to enroll in an addiction program and prove to the court that you are sober. If you have lost custody, it is important to reach out to a family law attorney right away.
If you have lost custody, our firm is here to help. Reach out today to speak with an experienced family law attorney who will advocate for you every step of the way.
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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.