How Does Substance Abuse Affect Child Custody in New York?

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How Does Substance Abuse Affect Child Custody in New York?

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:

  • Abuse
  • Substance abuse
  • Neglect
  • 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.

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.

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We have an excellent AVVO rating from our many happy clients

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

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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

SERVING ALL OF SUFFOLK COUNTY

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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