How Do I Get Custody of My Child Back?

How Do I Get Custody of My Child Back?

Losing the custody of your child(ren) is a heartbreaking experience for every parent. It’s hard to acknowledge the idea that the court has determined your children would be better off with someone other than you, be it your ex, your parents, or through the foster care system.


Losing custody does not have to be forever. A lot of people have been granted their custody rights back. It can be challenging, though. When this happens to you, understand there are courses of action you can take to have the decision overturned and re-establish custody of your children.

Assess What Went Wrong

Judges have a responsibility to act in the child’s best interest. In light of this, consider why the judge came to the decision to grant custody to someone other than you. Were you in violation of an order? Were you falsely accused of neglect and/or child abuse?

Having a notion of why the decision was reached can help you take courses of action to resolve the situation.

Pursue Legal Counsel

With the intention of winning back custody of your children, you are going to probably need to work alongside an attorney that is experienced in winning likewise family law cases. To locate a good child custody attorney, begin by asking friends and family members for referrals.

You can also get a hold of a chapter of The American Bar Association or The Legal Aid Society for help in your area.

Explore Possibilities

Determine whether re-establishment of custody is possible on any special action. For instance, is it a requirement for you to find counseling, drug and/or alcohol treatment, or go to parenting courses?

When the court has placed any terms on your ability to re-establish custody, proceed and take courses of action toward finishing those conditions, instead of challenging their authenticity. Quick, total compliance is going to reflect favorably on you in the eyes of the court.

Petition an Assessment

After you have started to work with an attorney and you’ve started to finish any steps the court has necessitated, petition the judge for an in-home child custody assessment. This is going to offer the courts with a current assessment of your home, in which may aid you in winning back custody. You additionally have a right to appeal the hearing.

Obey Court Orders

Do not disregard anything the court is petitioning you to do. Attend every hearing and try not to postpone appointments with the guardian of your child’s ad litem or a court ordered mediator.

Be Tolerant and in Compliance

While you are awaiting your child custody arrangement to be reassessed, be sure that you utilize your full rights to visitation and parenting time. Don’t do anything to exacerbate the situation, and make every attempt to be civil and well-mannered when you are picking up your children for parenting time.

Think About Optional Arrangements

Lastly, use this time reassess your own wants. You might have wanted full custody initially, but now because you have lost custody, ask yourself if you would think about agreeing to joint custody. When that’s an option available to you, work alongside your ex (or the individual that would be sharing custody with you) to investigate that possibility.


  1. Wolf, J. (2020, June 11). What can you do if the court took away the custody of your kids? Retrieved March 15, 2021, from

Speak With Our Child Custody Attorney In Scottsdale

Our child custody and guardianship attorney in Phoenix and Scottsdale will advance your case with concern and personal attention and always have you and your children’s best interest in mind when offering legal solutions.

An experienced family law attorney will work with you to obtain the best possible outcome in your situation. We advocate for our clients, so they have the brightest future possible. Give us a call today at 480-999-0800 for a free consultation.


Jennifer Moshier Collaborative Divorce Lawyer Scottsdale Arizona
Jennifer Moshier, Scottsdale Divorce Lawyer

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