When a couple with kids gets a divorce, child custody must be determined. This can be an incredibly difficult decision to make, and it is often left to the discretion of the court. If a court deems you to be an unfit parent, you will not be awarded custody of your child. Depending on the situation, you may be awarded visitation rights. Regardless, it is important to have a relationship with your child and losing custody does not have to be permanent. Read on for more information regarding how custody is determined, why parents lose custody of their children, and what to do in order to win back custody.
How is Custody Determined in New York?
A court will examine many different factors when it comes to determining custody. Some of these factors include:
- Each party’s ability to provide for the child
- Each party’s relationship with the child
- Each party’s history of domestic violence and abuse
- Each party’s mental and physical health
- Any history of alcohol and drug abuse
- Each party’s work schedule and lifestyle
- The health and age of the child
- The child’s preference
Why do Parents Lose Custody?
Parents may lose custody for a number of reasons. Some of the most common reasons a parent loses custody include:
- Substance abuse
- Refusal to co-parent
- Failure to follow court orders
Can I Get Custody Back?
Losing custody can be devastating for a parent, but it does not have to be permanent. If you were not awarded custody, or you were awarded custody and subsequently lost it, there is a reason why. Often, you will be able to address this issue. For example, if you were not awarded custody because of a substance abuse issue, you may be able to attend a program to get clean and access the resources you need. A skilled family law attorney will help you get back on track and help you with all of the legal aspects of winning back custody.
If you have lost custody of your child, contact our firm today to speak with a dedicated attorney. We understand how important it is for a child to have a relationship with both parents and we want to help make that happen.
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Zimmet Law Group, P.C. is an experienced team of attorneys guiding clients through matters of estate planning and administration, divorce and family law, real estate, commercial litigation, business law, bankruptcy, and landlord-tenant law. If you require the services of an effective New York City attorney, contact our firm today to schedule a consultation.