Addiction is a disease that traps those suffering in a vicious cycle. If you have suffered as a result, you understand the impact this can have on your life, impacting not only your professional career but also your family. Unfortunately, this can often result in losing custody of your children. However, you may wonder if it’s possible to regain custody after rehabilitating from an addiction. The following blog covers what you should know if you want to regain custody and why connecting with a Long Island child custody lawyer to help you explore your legal options.
Is It Possible to Regain Custody After Addiction?
If you have been deemed an unfit parent by the courts due to your addiction, it’s imperative to understand the steps you can take to regain custody once you have rehabilitated. In general, the most important thing you can do is document all the steps you have taken. This includes going to a rehabilitation program, maintaining stable employment, attending counseling or therapy, joining support groups, obtaining a sponsor, and refraining from associating with those from your past who enabled your addiction.
You should also show documentation that you have taken the necessary steps to stay in contact with your child. This can include letters, emails, phone calls, and even tickets to their events to show that you care.
How Do I Seek a Custody Modification?
If you wish to modify the current court order to regain custody of your child, it’s imperative to understand the steps involved in this process. Generally, the first thing you must do is file a motion with the court in which you’ll explain why you’re seeking the change and provide supplemental documentation to help show the changes you’ve made and the steps taken to recover from your addiction.
Once you have submitted the petition to the court, you must have your spouse served with a copy of the petition. The court will encourage you and your ex to attempt to reach an agreement first. However, this may be a contentious matter, so court intervention may be necessary.
If the court examines your situation and determines that you have taken steps to turn your life around, it can change the custody arrangement to grant you time with your child. At first, this could look like visiting a few times a week, as your child may need to get reacquainted with you. However, as time progresses and your child becomes more comfortable, the court can grant you custody.
As you can see, fighting for custody after rehabilitation from an addiction can be difficult. That is why it is in your best interest to connect with an experienced attorney with Barrows Levy PLLC. Our team understands how overwhelming these matters can be, which is why we will do everything possible to assist you through these challenging times. Connect with us today to learn more.
