Is it Possible to Win Child Custody Back in New York?

Is it Possible to Win Child Custody Back in New York?

If you lost custody of your child and would like to gain it back, it is in your best interest to reach out to one of our experienced New York family law attorneys today. Our firm understands that losing child custody can impact not just the parent, but the child as well. Contact The Pollack Law Firm, P.C. today.

What are the different types of child custody in New York?

In the state of New York, there are two main types of child custody. A parent can be granted both types, just one, or none by the court. The two kinds of custody are:

  • Physical custody: This type of custody is 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 instances, 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 will be able to make 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?

When courts make child custody determinations, they will always consider the best interests of the child. The court will also take a look at 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 several reasons. However, the most common reasons include:

  • Abuse
  • Neglect
  • Refusal to co-parent
  • Substance abuse

Can I get child custody back?

Courts want children to have both parents in their lives. However, in certain circumstances, a court will find that a parent is “unfit” and will take their custody rights away. Sometimes, the reason a parent loses custody is for an issue that can be fixed. For example, if you lost custody of your child because you suffer from a substance abuse issue, you can seek treatment and take certain courses to help you get rid of this issue. Once you have done that, with the help of a skilled attorney, you may be able to prove to the court that you are capable of parenting your child again.

If you lost custody of your child and would like to get it back, do not hesitate to contact our experienced New York family law firm today. Our firm is committed to ensuring that you and your child’s best interests 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 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) 938-3330.

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