Child custody is one of the most complicated matters of a divorce. If you have lost custody of your child, you may be wondering how you can get it back. Read on for more information.
How is Custody Determined?
Sometimes, a couple will determine custody amongst themselves through the process of mediation. Other times, a couple cannot come to an agreement. When it comes to what is best for a child, it can be difficult for both parents to agree since they likely feel strongly about their own opinions, ideals, and parenting styles. In cases like this, the decision of custody can be left up to the court. When determining custody, the court will examine the following factors:
- 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 Does a Parent Lose Custody?
A parent can be awarded legal custody, physical custody, both, or neither. The parent with physical custody has the child for more of the time. Legal custody refers to the parent’s right to make decisions regarding the child’s healthcare, religion, education, and other important aspects of a child’s life. In some cases, a parent will be deemed unfit, and the fit parent will be awarded sole custody. The most common reasons a parent loses custody include:
- Neglect
- Abuse
- Substance abuse
- Refusal to co-parent
- Failure to follow court-ordered mandates
Can I Win Custody Back?
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.
If you have lost custody of your child, contact our firm today.
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.
