What to Know About Regaining Your Child Custody Rights

A joyful father holding his laughing toddler, sharing a playful and happy moment outdoors surrounded by greenery, embodying the serenity before facing complex challenges like same-sex divorce in New York.

Our legal team at Barrows Levy PLLC understands how devastating it can be for a parent to lose custody of a child. To learn the steps you can take to regain your child custody rights, continue reading and contact our experienced Nassau County child custody lawyer. To discover how child custody is determined in New York, what factors may cause a parent to lose custody, and how a parent can regain custody rights in New York, read on:

What do New York courts consider when determining child custody?

The following factors will be examined by New York courts when determining child custody:

  • The stability of the home environment
  • The physical and mental health of each parent
  • The child’s needs
  • The safety of the child
  • 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
  • The geographical proximity of the parents’ homes
  • Any history of domestic violence
  • Any history of drug abuse
  • Any history of alcohol abuse
  • The quality and continuity of the child’s education
  • The parents’ employment responsibilities and lifestyles

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

New York courts will decide not to award custody to a parent for a number of reasons. The most common reasons for parents to lose custody in New York are as follows:

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

Can I win child custody back?

There is always a reason behind the court’s decision to take custody rights away from a parent. In many cases, this reason may be something that a parent can address. For example, if you have a substance abuse problem, you may take action against this addiction by taking substance abuse courses among other work to prove that you are working to acknowledge and resolve the issue.

It is also recommended that you retain the services of an experienced Nassau County family law attorney who can assist you in working towards regaining custody. Our legal team will be able to assist you in targeting the issue that has caused you to lose custody. We will then help you to file an appeal or request an evaluation of the custody arrangement. To get started with this process, give our firm a call today.


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

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