As a chronic mental disease, addiction can often cause those suffering to spiral and remain stuck in this vicious cycle. If this reflects your circumstances, you’ll understand the impact it can have on your ability to gain custody of your child, as the courts may decide you are not fit to care for your child for the time being. However, if you have taken the necessary steps to overcome your struggles, you may wonder if the court will allow you time to care for your child. The following blog explores what you should know about these complicated matters, including the importance of discussing your circumstances with Long Island child custody lawyers to help you through these difficult matters.
Can I Regain Child Custody After Recovering from Addiction?
In New York, a divorce decree and child custody arrangement may be modified if a substantial change in circumstances has occurred that warrants a change in the current custody plan. In general, recovery from addiction is a substantial change and can warrant the modification of a custody arrangement. However, you should note that you’ll need to go to great lengths to prove that you have overcome your addiction and turned your life around. This is because the courts must still consider what is in the best interest of the child when examining whether or not a custody arrangement should be modified.
As such, it’s in your best interest to document all the steps you have taken to recover. This includes maintaining stable employment, completing a rehabilitation program, attending counseling or support groups, remaining sober, and providing a secure and safe home for your child.
How Can I Seek a Modification of the Arrangement?
If you have taken the necessary steps to turn your life around, you may want to seek a modification of your custody arrangement. It’s imperative to understand that before taking any steps, you should consult an experienced attorney to assist you in this process. Unfortunately, seeking a custody modification can be challenging, so your attorney can help you fight for the best possible outcome.
Typically, the first thing you must do is file a petition with the court to modify the arrangement, with supplemental documentation. Once submitted, you’ll need to then serve a copy of the petition to your ex-spouse. The court will then schedule court hearings at which you and your spouse can both present your case to the judge. After reviewing all the information, the judge will issue a decision. If they agree that you have changed, they can modify the custody arrangement to provide you with visitation or custody time.
As you can see, this process can be incredibly difficult to navigate. That is why it’s in your best interest to connect with an experienced family law attorney with the Sklavos Law Firm. Our team understands how overwhelming these matters can be to navigate, which is why we are ready to help you fight for the best possible outcome for your circumstances. Contact us today to learn how we can assist you.