Regaining Child Custody in New York | What to Know

If you have lost custody of your child, you are likely wondering how you can regain custody. Read on to learn more about child custody laws in New York and what to do if you have lost custody.

How is custody determined?

Child custody is a very delicate matter. When making a decision about custody, a judge will consider a number of factors, including:

  • 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 Does a Parent Lose Custody?

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

Even if a parent has lost custody, he or she will likely have some sort of visitation rights. This may result in supervised or unsupervised visits depending on the situation. New York courts believe that a child benefits from having some sort of relationship with both parents and will work to make it happen.

Can I Win Custody Back?

It is important to know that if you have lost custody of your child, it does not have to be permanent. You may be able to win back custody. To do so, you will want to work with a dedicated family law attorney. If you have lost custody, it is for a certain reason. Therefore, if you can fix the issue and show proof of change, you may earn back 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 an experienced attorney to gain back custody.

If you have lost custody of your child, our firm is here to help. Reach out today to discuss your case with a skilled and dedicated attorney.

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.