Child custody is a complicated matter. Read on to learn more about custody, how it is determined, and what to do if it is lost.
How is Custody Determined?
Sometimes, parents can make custody decisions amongst themselves. Often, it is not that simple. Custody is an incredibly difficult topic to address because parents often have strong and differing opinions when it comes to what is best for their children. In cases like this, it will be left up to the court to make a decision regarding custody. When it comes to determining custody, the court will examine some of the following:
- The relationship between the child and each parent
- The parents’ willingness to accept custody
- Any history of domestic abuse and substance abuse
- The needs and safety of the child
- The physical and mental health of each parent
- The geographical proximity of the parents’ homes
- The preference of the child if they are of sufficient age
- The stability that each parent can provide
- The ability of the parent to act in their child’s best interests
- The work schedule and lifestyle of each parent
Why do Parents Lose Custody?
For the most part, the court believes a child benefits from having a relationship with both parents. But, sometimes, a parent is deemed unfit, and only one parent is awarded custody. Other times, a parent may be awarded custody and subsequently lose it. This may happen due to a parent’s:
- Substance abuse
- Failure to co-parent
- Refusal to follow court orders
How Can I Win Custody Back?
If you lose custody, it does not have to be permanent. You will have to work hard and make some changes. One of the most important steps when it comes to winning back custody is retaining the help of a dedicated family law attorney. If you lost custody, it was for a reason. You will need to address this issue and prove that change has occurred. For example, if you lost custody due to substance abuse issues, you may be able to partake in a program. You will need to be patient, as custody modifications do not happen overnight.
If you have lost custody of your child, contact our firm to begin the process of earning it back.
Contact our Firm
We understand how emotional and difficult matters of family law can be. If you need the assistance of a knowledgeable attorney to help protect your right to your family, please do not hesitate to contact our experienced firm. We are eager and dedicated to helping you through this difficult time. Our personal injury specialists at Greenberg & Walden, LLC are standing by for a free initial consultation. Call us at 201-528-6928