Is it Possible to Win Child Custody Back in New York?

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If you lost child custody and would like to get it back, it is in your best interest to contact our firm today. At the Law Offices of Susan A. Kassel, P.C., we understand that not only is the parent who lost custody affected but so is the child. Our experienced New York family law attorneys are committed to protecting you and your family’s best interests.

What are the different types of child custody in New York?

There are two main types of child custody in New York. The court can award a parent both, one, or none. The two kinds of custody are as follows:

  • Physical custody: This type of custody refers to where the child will stay most of the time. This parent is also responsible for the child and will provide a home, stability, food, clothes, etc. In some cases, custody can be shared equally by both parents or guardians. Physical custody can be split up into sole, joint, or shared.
  • Legal custody: A parent who has legal custody has the responsibility of making important decisions on behalf of the child’s life. These can involve academic, social, medical, religious, etc. decisions. One or both parents may have legal custody, and a parent does not have to have physical custody to have legal custody.

How is child custody determined?

Courts consider a variety of factors when making custody determinations. One of the most important things a court will keep in mind is the best interests of the child. Courts will also analyze the following:

  • Whether the parent will act in the child’s best interests
  • Each party’s ability to provide stability
  • The relationship between the child and the parent
  • The physical health and safety of the child
  • The needs of the child
  • The preference of the child if they are of sufficient age
  • The location and proximity of each parent’s home

Why might a parent lose custody?

A parent can lose custody of their child for many reasons. The most common reasons include:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Can I get child custody back?

New York courts recognize the importance of a child having both parents in their lives. However, sometimes, a court must take away a parent’s custody rights if they determined they are unfit and will negatively impact the best interests of the child. In some cases, the reason a court may give for taking away custody can be resolved. For example, if you lost custody because you have a substance abuse issue, you can take courses and seek help to fix the issue. Once you have done that, there is a possibility that you can prove to the court that you are now fit to parent your child.

If you lost custody of your child and would like to gain it back, it is important that you reach out to an experienced family law attorney. With a legal expert on your side, our firm is dedicated to protecting you and your family.


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.

Why choose our firm?

We have an excellent AVVO rating from our many happy clients

We will tirelessly pursue a favorable resolution to your case

We offer aggressive and effective representation

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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