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.
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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.
