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:
- 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.
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.