How Does Substance Abuse Affect Custody in New York?

How Does Substance Abuse Affect Custody in New York?

If you have lost custody of your child, it does not have to be permanent. You may be able to win back custody down the line. To do so, you will want to work with a dedicated family law attorney. If you have lost custody, it is for a reason. If you can fix the issue and show proof of change, you may be awarded custody. For example, if you lost custody due to substance abuse, you may be able to partake in a program to help you combat these issues. It is important to be patient and work with the court and your attorney to gain back custody. Read on to learn more about how substance abuse can affect child custody in New York.

How is Custody Determined?

If you have lost custody, you may have a lot of questions about how custody is determined. First, it is important to understand the types of custody in New York. The two main forms of custody are physical custody and legal custody. Physical custody is awarded to the parent with whom the child spends the most time. In some cases, one parent will have the child more nights of the week, and other times, parents will work to split the time evenly. Legal custody refers to a parent’s legal right to make important decisions in the child’s life. This may include decisions about the child’s religion, healthcare, education, and more. If you were not awarded physical custody, you may still be awarded legal custody. For the most part, New York courts believe that a child benefits greatly from having a relationship with both parents and they will work to make that happen. For example, if a parent is deemed unfit, he or she will likely be able to have supervised visits with the child.

Why Does a Parent Lose Custody?

If a parent is found guilty of the following, he or she will likely lose custody:

  • Neglect
  • Abuse
  • Substance abuse
  • Refusal to co-parent
  • Failure to follow court-ordered mandates

If you have lost custody of your child, our firm is here to help. Reach out today to speak with an experienced family law attorney about your situation.

Contact our Firm

The Law Office of Peter L. Jameson, PLLC understands the harsh implications of relocation can have on a child and his or her parents. When you have a contested relocation matter, it is important to have an experienced attorney to represent you in court. If you are faced with a relocation matter in Rockland County, contact The Law Office of Peter L. Jameson, PLLC today to schedule a consultation.