If I Lost Custody, Can I Get it Back at a Later Date?

contact us for a Free Consultation

When a divorce occurs, there are a lot of matters that will need to be determined. One of the most important things to figure out is child custody. Custody is difficult because parents often have strong and differing opinions about what is best for their children. As a result, it can be hard to agree upon a custody arrangement. In this case, the decision may be left up to a judge. Read on to learn more about how custody is determined and why parents lose custody.

How is Custody Determined?

When a court is determining custody, the goal is to do what is best for the child. To do this, the court will examine the following factors:

  • The relationship between the child and each parent
  • If the parent will act in the child’s best interest
  • The stability each parent can provide the child
  • Whether or not the parents are willing to accept custody
  • What the child needs
  • The child’s safety
  • History of abuse
  • Both parents’ fitness
  • The geographical proximity of both parents’ homes
  • The preference of the child if they are of sufficient age

Why do Parents Lose Custody?

For the most part, a New York court believes a child benefits from having a relationship with both parents. But, in some cases, a parent will be deemed unfit and will not be awarded custody. Other times, a parent will be awarded custody but subsequently lose it. Some common reasons parents lose custody include:

  • Neglect
  • Physical abuse of the child
  • Mental/emotional abuse of the child
  • Domestic violence
  • Alcohol and drug abuse
  • Child abduction
  • Unwillingness to co-parent

If I Lose Custody, Can I Get it Back?

Losing custody can be incredibly difficult for both you and your child. Fortunately, it does not have to be permanent. There are ways to earn back custody. To do so, you will need the help of a dedicated family law attorney. An attorney will help you request an evaluation, during which a professional child custody evaluator will examine all the variables of your case, from your interactions with your child to your home environment. He or she will do the same for your children’s current custodian. Additionally, you will have to show proof that you have addressed the issues that caused you to lose custody in the first place. For example, if drug abuse was the cause, you may have to complete an addiction program. It is important to be patient, respectful, follow the law vigilantly, and report to all hearings.

If you have lost custody and are working toward getting it back, contact our firm today.


Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. Our firm understands the impact a divorce can have on your life. If you require strong and dedicated legal representation in Long Island, New York, please do not hesitate to contact Peter V. Mandi & Associates, Inc. today.

Our Recent Blogs

What if I Can’t Afford to Pay Child Support?

Child support payments are important for a separated couple to agree on for the benefit of their child. The money from child support can…
Read More

How Does Substance Abuse Affect Divorce Proceedings?

Addiction is an unkind disease. The use of drugs and alcohol can negatively affect a marriage and family in many ways. When one spouse’s…
Read More