Regaining Custody in New York | What You Need to Know

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In New York, there are two main types of custody- physical custody and legal custody. Physical custody is awarded to the parent with whom the child spends more nights of the week. This parent is mainly responsible for providing the child with basic necessities, including stable housing, food, education, and more. In some cases, parents work to share physical custody equally, which is known as joint custody. Legal custody refers to a parent’s right to make decisions in the child’s life. For example, this parent may have a say when it comes to the child’s religion, medical treatments, education, relocation, and more. Even if you don’t have physical custody, you can still be awarded legal custody. But, in some cases, a parent will be deemed unfit and lose custody of his or her child. This can be extremely difficult for both the parent and child. If you have lost custody, you may be wondering how you can get it back. Read on to learn more about regaining child custody in New York.

Why do parents lose custody in New York?

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

It is important to know that even if you have lost custody, you will likely have some form of visitation with your child.

Can I regain custody after losing it?

New York courts strongly believe that a child benefits greatly from having a relationship with both parents, so if you have lost custody, it is for a reason. In order 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. If you have lost custody due to substance abuse, you will likely have to attend a program and prove that you are sober. It is important to work with an experienced attorney throughout this process.

If you have any questions or concerns about regaining child custody, our firm is here to help. Reach out today to speak with a skilled and dedicated family law attorney.


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

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

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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


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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