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 get it back, it is in your best interest to reach out to one of our experienced New York family law attorneys as soon as possible. We recognize that losing child custody impacts not just you, the parent, but also your child. Contact us today to discuss your case and your options.

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

There are two types of child custody in New York. A parent can be awarded by the court both kinds, just one, or none. The two kinds of custody are:

  • Physical custody: This is awarded to the parent with whom the child resides most of the time. This parent will also be responsible for providing a home, stability, food, clothes, etc. for the child. In certain cases, parents share physical custody equally, and it is also important to note that it is possible for one parent to be awarded custody, but not the other.
  • Legal custody: This refers to a parent’s legal right to making important decisions in a child’s life. These decisions can include educational, medical, religious, social, and more.

How is child custody determined?

Courts will look at the best interests of the child when making child custody arrangements. 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 of their child?

A parent can lose custody of their child for a host of reasons. The most common reasons that our firm has seen include the following:

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

Will I be able to get custody back after I lost it?

In New York, courts will only take away a parent’s custody if they are unfit to parent their child and provide them with a healthy and happy environment. It is important to note, however, that usually what a court can deem unfit, is something that can be fixed or improved. For example, if you lost custody of your child because of a substance abuse issue, you may be able to prove yourself back to the court by going to classes and fixing the problem.

If you are in a situation similar to the above, it is in your best interest to contact one of our experienced New York family law attorneys today to learn more about your options.

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.