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If I lose custody of my children, can I get it back?

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Custody can be a very complicated process and it is important to understand what is going on, every step of the way. It can be especially confusing if your custody of your children is taken away. While this can be confusing and frustrating, it is absolutely possible for you to gain custody back, with a few exceptions.

How can I lose my custody?

When talking about regaining custody, it is first important to know why custody might be taken away. Your parental rights might be terminated if:

  1. Your home is deemed unsafe
  2. You have substance abuse issues
  3. People who frequent your home, like friends or partners, are dangerous or create an unsafe environment
  4. Abuse or neglect
Can I regain Custody? How?

In general, you will be able to regain custody, as long as your child has not been adopted since your loss of custody. When deciding if you should be able to regain your custody, the judge will take a few different things into consideration. For example, one of the deciding factors that the judge use is whether your child will benefit from a relationship with you. But the most important of all the deciding factors is whether you have made an effort to remediate, or change, the issues that led to your restriction of custody to begin with. This means that if you had an unsafe home, you will be expected to make your home safe for your children and if you have unsafe people around your home, you will be expected to remove them, and so on and so forth.

In most cases, all the court wants is for your children to have a safe and happy environment. As long as you can prove that you are providing this for them, the court will often return your custody of your children. As we always say, it is important to hire an attorney to help you navigate this process. Click here to learn more about the attorneys here at Divorce Matters!