Judges have an obligation to act in the best interest of the child. With this in mind, consider why the judge made the decision to award custody to someone else. Did you violate an order? Have you been wrongly accused of child abuse or neglect? It’s important to put aside emotions and be honest about the circumstances surrounding your custody case.
The “best interests of the child” principle has variations in each state, but there are some common factors a judge will consider. For example, in the New York State Unified Court System, a judge will observe parenting skills, a parent’s health, how the parents cooperate together, and provision for any special needs of the child, among other variables.
By assessing what factors may have contributed to the judge’s decision in your case, you can then begin to address any modifications you need to make to potentially reverse it. Proof of a substantial change in circumstance may help your efforts. When you begin to work with a lawyer, discuss whether supports like parenting classes or addiction programs could be helpful for your case. Perhaps you’ll need to make physical fixes to your home. It all depends on the details of your case.