Can I Regain Custody of My Child?

Mother and daughter in grassy field

While losing custody of a child is a devastating outcome, there is still hope that you can improve your situation, live a healthier life, and get your child back for good. If you are wondering “can I regain custody of my child?” you are not alone. At the Law Office of Justin Fernstrom PLLC, we have years of experience in navigating custody cases with skill and expertise.

How Can I Lose Custody of My Child?

In a discussion of parental rights and custody, the court’s primary concern is always the safety, health, and wellbeing of the child. If a parent loses custody of their child, it is likely because the judge feels that it is in the best interests of the child to be in another person’s care. This decision is not made lightly, as the courts generally want to ensure that both parents have contact with their child.

Revoking parental rights is generally seen as a last resort and typically happens due to one of the following circumstances:

  • The court determined that you were not able to provide a safe, stable, and healthy environment to the child, likely due to one of the grounds listed in Arizona Revised Statutes § 8-533.
  • You were not involved in a paternity case and lost your parental rights to the child.
  • The court awarded sole custody to your child’s other parent in a divorce proceeding.

Regardless of the circumstances, losing custody of a child is a heart-wrenching experience and many parents express a desire to regain custody of their child. While this is not an easy task, it is not impossible, as long as you are willing to take the necessary steps to prove that it is in the child’s best interests for you to have custody moving forward.

How Can I Regain Custody of My Child?

Since Arizona courts prioritize parents’ involvement in their child’s upbringing, family courts often grant limited parenting time in situations where custody is lost. The court may even set conditions to allow the parent to earn unrestricted or additional time with their child. In some cases, custody rights can be reinstated.

If you can prove that you are now able to provide a safe, stable, and loving environment for your child, you may petition the court to regain custody of your child. Modifying a child custody agreement is an extensive process and there are a range of documents that must be included in your petition. It is also important to note that a specific amount of time must have passed before you are legally allowed to file for a change of custody, unless the child is currently in an abusive situation and a change is required to ensure their safety.

At the Law Office of Justin Fernstrom PLLC, we understand that there is no one-size-fits-all approach to regaining custody, and we develop a legal strategy depending on the unique circumstances of your situation. Above all, being proactive and following these steps can greatly improve your chances of regaining custody rights moving forward.

Evaluate What Went Wrong and Make Changes

Across the board, there is always a specific reason why a parent loses custody of their child. To regain custody, a parent must demonstrate that they have corrected the issues that led to the loss of their parental rights in the first place. There must be clear and compelling evidence that it is in the child’s best interest for the courts to restore your custody rights. This evidence can come in many forms and will depend on the unique circumstances of your case, but some of the most common actions parents take to regain their custody rights include:

  • Completion of an addiction treatment program.
  • Taking parenting classes.
  • Regular attendance of counseling sessions.
  • Making home repairs to ensure the environment is safe and livable.
  • Moving to a new home.

Follow All Court Orders

When a judge makes a custody decision, they will often outline rules for visitation, set future hearing dates, and detail other stipulations relevant to their decision. It is critical that you adhere to all guidelines and avoid disputes regarding the validity of the court’s rules and requirements. This will show the judge that you are serious about regaining custody of your child and that you are ready and willing to take whatever steps are necessary to reinstate your parental rights.

Seek Help From a Legal Professional

If you are a worried parent who has lost custody of their child, you may be wondering “how can I regain custody of my child?” and “what steps do I need to take to start the process of regaining custody?” These questions are natural, as regaining custody is a complex process and navigating the laundry list of state-specific requirements can be difficult and confusing. Seeking legal guidance during this time can make all the difference in the outcome of your case, as an experienced attorney will provide personalized input regarding:

  • Collecting, organizing, and submitting all relevant evidence to the court.
  • Interpreting and abiding by court orders to avoid the common pitfalls that parents often encounter.
  • Providing tailored recommendations for future actions and next steps.
  • Navigating litigation and court proceedings.

Complete a Child Custody Evaluation

To assess the safety of a parent’s home, the court may order a child custody evaluation. The purpose of this evaluation is to determine if placement in your home is in the best interest of the child. During this evaluation, a social worker will assess your home environment and the way you interact with your child to determine if restoring custody is the right choice. Ultimately, a recommendation will be made regarding your custody rights. The evaluator may also set forth a process for resolving future issues and offer guidelines for dealing with problems like substance abuse or parental alienation.

How Can the Law Office of Justin Fernstrom PLLC Help Me Regain Custody of My Child?

The journey to regaining custody of a child is a demanding, time-consuming, and complex process that can greatly impact a parent’s emotional well-being. At the Law Office of Justin Fernstrom PLLC, we understand the steps that parents need to take to ensure they are in the ideal position to take care of their children. Rather than attempting to navigate this process alone, let our experienced attorneys advocate on your behalf. To discuss your situation and begin the process of regaining custody of your child, consider scheduling a consultation with our team at (602) 560-7494 today.

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