Is It Possible To Get Parental Rights Reinstated?

It's devastating to have your parental rights stripped away. Although you may have made mistakes in the past, it is possible to get your parental rights reinstated, and get your children back, if you've sufficiently rehabilitated yourself. Here's what you need to do to make this a reality.

Check State Family Laws

Although parental rights can be revoked in any state in the nation, only 9 states provide a path for affected parents to get those rights reinstated. In all other states, either there aren't any laws that cover this area, or the laws that are on the books aren't clear and leave a lot of room for confusion. Thus, your first course of action is to research the laws in your state to determine how it handles this particular situation.

In Nevada, for instance, children 14 or over must consent to the restoration of parental rights, and there must be a low chance they will be adopted by other people. If there are potential adoptive parents interested in taking in the child, and they can provide a better living situation for him or her, or the child doesn't want to be under your care, the court will deny your petition to get your rights restored.

In states where the laws aren't as clear or amendable to restoring parental rights, you'll need to hire a family law attorney to help guide you through the process or provide ideas for alternative ways for you to achieve your goal.

Obtain Proof of Rehabilitation

Before the court will even seriously consider your petition for reinstatement of your parental rights, it will want to make sure the issue that caused your rights to be revoked has been corrected. If you lost your rights because of abuse and neglect issues, you'll have to submit proof that you've undergone the necessary rehabilitation and can now provide a safe environment for the kids, for example.

Additionally, you should be prepared to submit to any court ordered testing, evaluations, and/or inspections. It's not unusual for the court to order child welfare agents to conduct a home inspection to ensure the house is clean and good repair, for instance. The court will typically notify you during your hearing what is required. Work with your family law attorney to obtain the necessary documents and make sure they get into the right hands.

For more information about getting your parental rights reinstated or help with your case, contact a family law attorney.