If I Lost Custody, Can I Earn it Back at a Later Date?
Child custody is often one of the most difficult aspects of a divorce. In some cases, a parent will lose custody. Read on to learn more about child custody in New York and how to earn it back if you have lost it.
How is Custody Determined?
Custody can be determined through mediation, but it is often determined by the court. This is because parents often feel strongly about what is best for their children and these opinions do not always line up. As a result, a couple may turn to the court to make a decision. When deciding on a custody arrangement, the court will take the following factors into consideration:
- The parents’ willingness to accept custody
- Any history of domestic violence and drug/alcohol abuse
- The safety of the child
- The preference of the child, if of sufficient age
- The relationship of the child with his/her parents and siblings
- The child’s needs
- The stability of the home environment
- The quality and continuity of the child’s education
- The physical and mental health of each parent
- The geographical proximity of the parents’ homes
- The parents’ employment responsibilities and lifestyles
Why do Parents Lose Custody?
For the most part, a New York court believes a child benefits from having a relationship with both parents and will work to make that happen. But, sometimes a parent will be deemed unfit and will lose custody. This may happen due to:
- Physical abuse of the child
- Mental/emotional abuse of the child
- Domestic violence
- Alcohol and drug abuse
- Child abduction
- Unwillingness to co-parent
Can I Get Custody Back?
In many cases, a parent can earn back custody. To do so, you will need to retain the help of a dedicated family law attorney. If you lost custody, it is likely for one or more of the reasons listed above. In order to earn back custody, you will have to address this issue and show that it is no longer a risk to your child. For example, if you lost custody due to drug addiction, you may be able to take part in an addiction program.
If you have lost custody of your child and you want to work to get it back, contact our firm today. We are here to advocate for you and walk you through the process.
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 22 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) 342-3575.