It may already be difficult for you to reduce the time you get to spend with your child, given your divorce from their other parent. But it is likely the most devastating moment in your life when a New York State family court decides to strip you of your custody rights entirely. Instead of simply accepting this decision, you must do everything in your power to fight back and convince the court to change its ruling. If this is your current spot, please follow along to find out what to do to regain custody of your child and how a proficient New York City child custody attorney at Zimmet Law Group, P.C., can help you get it back.
Why did I lose custody rights in the first place?
The New York State family court typically finds it to be in the child’s best interest if they maintain a relationship with both their parents post-divorce. So if it decided not to give you any custody rights, or to revoke your rights at a later date, it may have been for serious, valid reasons. That is, it may have been because they found your current personal circumstances not to align with your child’s safety, well-being, and overall best interests.
For example, say you entered into a relationship with someone new, and it has progressed to the point that you now cohabitate with this person. Well, this person may be deemed as someone whom your child is not necessarily safe to be around. That is, they may have a history of domestic violence, child abuse, substance abuse, or untreated mental illness. Therefore, the court may deem that this is a dangerous living space for your child to reside in during your scheduled parenting time.
In another example, say you have been busy with work or other obligations and you have failed to appear for your scheduled parenting time. You may have also shown an unwillingness to co-parent with your former spouse to discuss your child and make important decisions on their behalf. Well, under these conditions, the court may view you as having neglected or abandoned your child. They may worry this may translate over while they are trusted under your direct, unsupervised care.
What steps should I take to regain custody of my child?
First, you must understand fully why the New York State family court decided to revoke your custody rights in the first place. This is so you may take any contingency actions to rectify the situation. Based on the examples above, you may get a residence of your own or stop seeing your new partner altogether. Or, you may make a conscious effort to keep up with child support payments and maintain online contact with your child, if permitted and if they are receptive to it.
Then, you may contact a skilled attorney who may assist you in filing a petition for a child custody re-evaluation with the court. The court may ask you to take further contingency actions or provide further proof that reinstating a relationship with your child would be in their best interest. No matter what they throw your way, you must remain compliant and work hard to prove your case.
This matter may obviously be important to you, and you may want the best possible outcome. So please, do not fight this without a talented New York City child custody attorney in your corner. The team at Zimmet Law Group, P.C. is here at your command.
