How You Can Regain Child Custody Rights in New York
To learn more about the steps you can take to regain child custody rights in New York, continue reading and reach out to a skilled Nassau County family law attorney. Our legal team is on your side.
How is child custody determined in New York?
The following factors will be examined by New York courts when determining child custody:
- The physical and mental health of each parent
- The child’s needs
- The stability of the home environment
- The safety of the child
- The preference of the child, if of sufficient age
- The relationship of the child with their parents
- The relationship of the child with their siblings
- The geographical proximity of the parents’ homes
- Any history of domestic violence
- Any history of drug abuse
- Any history of alcohol abuse
- The quality and continuity of the child’s education
- The parents’ employment responsibilities and lifestyles
What are the grounds a parent would lose child custody for?
New York courts will decide not to award custody to a parent for a number of reasons. The most common reasons for parents to lose custody in New York include the following:
- Non-compliance with court orders
- Lack of parental involvement
- Physical, psychological, or sexual abuse
- Significant substance abuse problems
- Severe cruelty
- Mental impairment
- Failure to provide the child with acceptable food, clothing, or shelter despite having the ability to do so
- History of violent and sex-based criminal offenses
- Failure to protect the child from danger
Can I win child custody back?
If you would like to win child custody back, the first step you will need to take is to become conscious of the reason behind the court’s decision to take away custody. If this reason is something that you can address, you may be able to do so in an effort to regain custody.
For instance, might have lost your custody as a result of a substance abuse problem. To remedy this, you may want to take substance abuse courses among other work to prove to the court that you are working on recognizing and acknowledging the problem that caused the loss of custody.
It is important that you retain the services of an experienced Nassau County child custody attorney who will help you during this process. Our attorneys will aid you in targeting the problem that led to your custody being withdrawn. Our legal team is committed to ensuring that you and your family are protected.
Contact our experienced Nassau County firm
The Pollack Law Firm, P.C., rated Nassau County’s “BEST” divorce lawyers and proudly serving clients in Nassau and Suffolk County for more than 25 years, is always available to assist and represent parties in divorce, separation, and all other matrimonial and family law matters. Contact us online or call today to schedule your complimentary case analysis: (516) 938-3330.