After Losing Custody, Can I Get It Back?

If I Lose Custody, Can I Get It Back?When All Is Lost

Losing the right to live with and make decisions about your child can be devastating. But losing custody isn’t necessarily permanent. Family law courts use the best interests of the child as a guiding principle when deciding custody. And as children grow, those interests may change. Thus, New Jersey custody orders are rarely set in stone. If you lose custody, you might be able to regain your custodial rights. Winning back custody, however, can be a fight.

Hold on to Hope

If you’ve lost custody, don’t give up hope. Instead, consult with a child custody attorney, if you haven’t already. Discuss your case and your goals to regain custody. A knowledgeable New Jersey custody attorney can explain the possible reasoning behind the judge’s custody decision and the process for getting custody back. Before you have that conversation, here are a few pieces of information that might help you.

Losing Custody Isn’t Forever

The judge probably won’t consider modifying custody right away. A judge will only modify a custody order if there has been a significant change in circumstances. A change in custody can affect a child. Children need constancy in their caregiving while growing up. Frequently shifting hands and living situations can do more harm than good. Thus, it’s important for you to think about why you lost custody and the reasons why you think you deserve to get it back.

You might be able to appeal the judge’s decision. But bear in mind, appeals cases can be even tougher, and you bear the burden of proving why the judge’s decision was wrong. Again, you would need to speak with an attorney about whether an appeal is right for you.

Also, go over the reasons why you lost custody. You will have to address and resolve those issues before the court would consider reinstating your custodial rights. For example, if you lost custody because you struggle with substance abuse or were unable to meet your child’s needs, you need to take steps to correct these problems or learn the skills you need to be a custodial parent. You might not have a good chance of getting custody if you do not make any changes.

Don’t Plan Your Strategy Alone

Challenging a custody decision can take a lot of resources, both regarding your time, energy, and money. Therefore, you shouldn’t try to win back custody on your own. You will need an advocate who can provide legal guidance. A seasoned New Jersey child custody attorney can help you figure out exactly what you need to do to regain your custodial rights. You might not have an easy road in front of you, but a competent attorney can give you the best possible chance of winning back custody.


Are you seeking custody? If so, Williams Law Group, LLC can help. Our skilled attorneys can advise you of your rights and help you protect them, your child’s best interests, and your family. Located in Short Hills, New Jersey, Williams Law Group, LLC provides compassionate and dedicated legal services to Union, Bergen, Essex, Hudson, Morris, Monmouth, and Middlesex counties, and the surrounding areas. Our knowledgeable attorneys handle divorce and family law, child custody, and child abuse/neglect cases. Call our office at (908) 810-1083, email us at, or contact us through our confidential online form to schedule a consultation and ultimately get you connected with an experienced New Jersey divorce and child custody attorney.

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