Is it Possible to Win Child Custody Back in New York?

A grandfather and grandchild holding hands while taking a walk together, symbolizing intergenerational connection and care, evokes thoughts about enduring family bonds similar to the support one might seek from a divorce lawyer

If you have lost custody of your child, you are likely looking to win back this custody. To learn if this is possible and the actions you can take to fight for these rights, give our experienced family law attorney a call. Continue reading to learn how child custody is determined in New York, what factors may cause a parent to lose custody, and how to regain custody of a child in New York.

What do New York courts consider when determining child custody?

New York courts will examine the following factors when determining child custody:

  • The safety of the child
  • The child’s needs
  • The quality and continuity of the child’s education
  • The physical and mental health of each parent
  • The stability of the home environment
  • The geographical proximity of the parents’ homes
  • The parents’ employment responsibilities and lifestyles
  • Any history of domestic violence
  • Any history of drug abuse
  • Any history of alcohol abuse
  • The preference of the child, if of sufficient age
  • The relationship of the child with their parents
  • The relationship of the child with their siblings

What are the reasons a parent would lose child custody for?

There are numerous reasons for a New York court to decide not to reward custody to a parent. The most common reasons for a parent to lose custody in New York include the following:

  • Drugs and alcohol
  • The mental health of the Parents
  • Physical health of the parent
  • Spousal abuse
  • Abuse
  • Neglect
  • Abandonment
  • Interference with visitation rights

Can I win child custody back?

When the court makes the decision to take custody away from a parent, there is always a reason behind this decision. In many cases, this reason may be something that this parent can address.

For example, a parent with a substance abuse problem may take action to take substance abuse courses among other work to prove that they are working to resolve this issue.

With the assistance of an experienced family law attorney, you can work towards winning back custody. Our attorneys will be able to assist you in targeting the issue that has caused you to lose custody. Our legal team will also help you to file an appeal or request an evaluation.

To begin this process, give our family law attorney a call to learn how we will walk you through the legal steps ahead. Give us a call today to learn more about our services.


Barrows Levy PLLC is a highly experienced New York law firm focused on providing quality legal services to clients in New York City and Long Island. If you need a Nassau County lawyer who has significant experience handling family and estate planning matters, we are ready to help. Contact Barrows Levy PLLC to schedule a consultation with one of our experienced attorneys today. 

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