If you have lost your parental rights, you may still have options, particularly if you gave up your rights voluntarily. The process of regaining your rights can be a long and arduous one, and success is certainly not guaranteed. With the help of an experienced family attorney, you do have a chance at getting back some access to your children.
Termination of Your Rights
Sometimes, parents temporarily lose custody of their children. If you have not provided a safe environment for your children or placed them in danger due to negligence or a substance abuse problem, the court can and will either place your children in a foster home or with an approved relative. However, most of these arrangements are temporary.
If you get your life back on track and show that you can properly care for your children, the court will work to reunite you. If, however, the court permanently terminates your rights or you agree to such a termination, the situation is meant to be permanent. Getting your rights back is an iffy proposition.
Regaining Your Rights
Fewer than a dozen states provide for a parent to regain parental rights after a termination. Each of these states has its own rules and regulations about reversing terminations. Navigating this process requires the services of an experienced attorney. In all instances, the child's best interest is the court's main concern. Certain situations make the process easier for you.
For instance, if your child petitions for your rights to be restored, the court is more likely to agree. Several states require that a period of several years has passed since your rights were terminated before you can try to get them back. In most of these states, the legal standard to regain your rights is quite high. In some instances, you may not get your rights back but are granted limited access to your child or children.
If your parental rights are permanently terminated, reversing the process is difficult. The odds are definitely stacked against you. However, if you have turned your life around and are truly dedicated to the process, you have a chance to become part of your children's lives again.
Work with an family lawyer to prove that your children will benefit from such a reunion. At all times, work to establish your trustworthiness. You will only get them back if you can prove the move is in their best interest and not a selfish decision on your part.