Can I Regain My Child Custody Rights?

A young child enchanted by the magic of soap bubbles on a sunny day in the park.

We understand just how difficult it can be to lose the custody rights of your child. However, you must understand that there are steps you can take toward regaining your rights. Follow along to understand what you can do to regain your child custody rights and how a proficient Nassau County child custody lawyer of Barrows Levy PLLC can dedicatedly work to make this possible.

What factors do the New York courts consider when determining child custody rights?

Before all else, the New York courts will consider your child’s best interest when determining child custody in your divorce settlement. But they will also examine the following factors:

  • The needs of your child.
  • The age of your child.
  • The safety of your child.
  • The relationship you and your spouse individually have with your child.
  • The preference of your child, if of sufficient age.
  • The geographic location of your and your spouse’s homes.
  • The employment of you and your spouse.
  • Whether your child’s educational needs will be impacted.

What factors would make me lose my child custody rights?

Put simply, the New York courts will revoke your child custody rights if it is later determined that you are parentally unfit. The most common examples of being parentally unfit include the following:

  • Having poor physical or mental health.
  • Being incapable of offering a stable home environment for your child.
  • Being incapable of financially and emotionally supporting your child.
  • Being incapable of abiding by the terms of the custody agreement in place.
  • Interfering with the visitation rights in place.
  • Any sign of neglect or abandonment.
  • Any history of domestic violence.
  • Any history of drug or alcohol abuse.

How can I regain my child custody rights?

Almost always, you have the chance to correct the issues that made you lose your child custody rights in the first place. For example, if you have a history of drug or alcohol abuse, you can take action by taking substance abuse courses among other work to prove to the New York courts that you are working to resolve your issue.

Above all else, we recommend that you retain the services of a talented Nassau County family law attorney. We will not only assist you in regaining your child custody rights, but we will assist you in targeting the issue that initially caused you to lose your custody. If necessary, we will even go to the extent of filing an appeal or requesting an evaluation of your custody arrangement. Give our firm a call today.


If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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