You Lost Child Custody, Now What?

No parent wants to lose custody of their children, but it’s a reality many parents end up facing during the course of a difficult divorce. When a judge denies you custody, they’re making a decision based on all the available evidence that giving you custody of your child is not in your child’s best interests at that time.

As difficult and heartbreaking as that can be, the one small fact that you can take some measure of solace in, is that it is possible to regain custody of your child if you’re willing to take the necessary steps.

To regain custody, you’ll need to:

1. Understand why you weren’t given custody
2. Address the issues
3. Request a reevaluation from the court

You’ll also need to work closely with an experienced family law attorney at each step of process to give yourself the best chance of success.
 

Why Didn’t You Get Custody?

There are several reasons the court may have chosen to deny you custody. When custody is decided, the court considers several different factors, including the role each parent plays in caring for the child, the environment each parent provides for their child, and your child’s wishes.

Additionally, factors like neglect, spousal abuse, child abuse, and substance abuse are all major considerations that can influence the court’s decision.

Understanding, and accepting, why you didn’t get custody is the first step on the road towards regaining custody down the road.

Address The Issues

Once you’ve identified why you weren’t given custody, it’s time to get down to the hard work of fixing the issues so that you can request a reevaluation from the court.

How much time it takes to fix the issues will all depend on what the issues are and how much work you put into correcting them. If you were denied custody because of substance abuse concerns, for example, you’ll most likely need to enter and complete a treatment program.

Once you’ve corrected whatever issues needed to be addressed, consider talking to friends, family members, neighbors, your child’s teachers, and anyone else whom you trust to speak on your behalf. If they are willing, ask them to be character witnesses on your behalf when it comes time to go back to court.
 

Requesting A Reevaluation

The final step in the legal process to try and regain child custody is to request a reevaluation from the court. Keep in mind that you may not get exactly the arrangement you’re hoping for, and that the court will always put your child’s best interests first.

Working with an experienced family law attorney will give you the best chances for success, and you should seek their advice at each step of the process when trying to regain custody.

If you’ve recently lost custody and need advice about how to regain it, contact our office today for a free phone consultation.