Can My Parental Rights Be Reinstated After Termination?

Use these links to jump to different sections:

• What Is the Termination of Parental Rights?
• Voluntary vs. Involuntary Termination of Parental Rights
• Can Parental Rights Be Reinstated?
• What Is the Process for Reinstatement of Parental Rights?
• Find an Experienced Family Law Attorney

Every state has laws for the termination of parental rights, but fewer than half provide for the reinstatement of parental rights after termination. In states that allow reinstatement, requirements and processes vary. This article will give an overview of why parental rights are terminated and how they can be reinstated in some situations. If you are seeking reinstatement of your parental rights, it’s strongly encouraged that you speak with a family law attorney for guidance through the reinstatement process.

What Is the Termination of Parental Rights? 

When a parent’s parental rights are terminated, the parent-child relationship is ended. In some situations, parents voluntarily relinquish their parental rights so that the child can be placed for adoption. In other circumstances, courts involuntarily terminate parental rights, typically in cases of long-term abuse, neglect, or failure to provide for the child’s welfare. 

With the termination of the legal relationship, the person no longer has the rights or responsibilities of parenthood, such as providing for the child’s daily wellbeing, making decisions about the child’s education or healthcare, paying child support, or being involved in adoption proceedings. Once the parent-child relationship is legally ended, the child can be placed for adoption or permanent guardianship.  

Voluntary vs. Involuntary Termination of Parental Rights 

The termination of parental rights can be voluntary or involuntary.

1. Voluntary Termination

“Where we often see the termination of parental rights is adoption,” says New Jersey family law attorney Joseph P. Cadicina. “The birth parent terminates their parental rights to allow someone else to adopt the child. If the parent doesn’t terminate their rights, the new person cannot adopt the child. Most of these terminations are voluntary and don’t involve the bad actions of a parent where the state is coming to terminate rights. Instead, these individuals have voluntarily decided not to remain a parent. Often, we see this when there are stepparent adoptions.” 

2. Involuntary Termination

Involuntary termination of parental rights is a last resort to protect the child’s best interests. Courts generally require the following findings for involuntary termination:

1. Clear and convincing evidence that the parent is unfit;
2. Termination of parental rights is in the best interest of the child.

The grounds for involuntary termination often involve long-term child abuse, neglect or abandonment, or the incapacitation of the parent due to mental illness or substance abuse. During termination proceedings, a family or juvenile court will consider evidence from investigations and witnesses. If the court finds a statutory ground for terminating the parent-child relationship, it will issue a court order to that effect.

Can Parental Rights Be Reinstated? 

A couple of dozen state legislatures have passed laws allowing for the restoration of parental rights under specific circumstances. As a general rule, courts must find that the former parent is fit to serve as the child’s parent again. The evidential standard for this requirement varies from state to state. Most state courts require clear and convincing evidence of parental fitness, but the standard is less stringent in some states.  Essentially, the question is: What has changed since the termination of parental rights that makes the parent fit to care for the child again?

Termination of parental rights is serious and typically can only be reversed if there is strong evidence of change. States that allow for the reunification of a former parent and child include California, Colorado, Illinois, New York, and North Carolina. Requirements for reinstatement differ among these states. Examples of when reinstatement might happen include: 

• A child has been in the foster care system for a period of time without permanent placement;  
• An older child in the foster care system is unlikely to be permanently placed in the future. 

How long does a child have to be in the foster care system before reinstatement can happen? Time frames vary, but states typically require at least a couple of years from when the parental rights were terminated. 

What Is the Process for Reinstatement of Parental Rights? 

A petition for reinstatement must be submitted to the local family or juvenile court. Who can submit a petition? Again, this depends on state laws but can include: 

• The child, if they’re old enough
• The child’s guardian ad litem 
• The child’s attorney 
• The county or state department of social services 

The court will hold a hearing and consider the evidence. In some states, the court may issue a temporary order allowing the child to be conditionally reunited with the parent. During the temporary order, the court will evaluate whether the parent is fit to take care of the child and whether permanent reunification is in the child’s best interest. 

If the court finds that it is in the best interests of the child to be permanently reunited with the parent, it will issue a final order to that effect. Some states require the court to approve a transition plan for full reinstatement of parental rights. State agencies, such as the department of social services, may provide transition services for accomplishing the transition to reunification.  

Find an Experienced Family Law Attorney

Many family law attorneys provide free consultations for potential clients. Initial consultations allow you to get legal advice and consider whether you need legal help.  

Visit the Super Lawyers directory to find an experienced family law attorney in your area. For more information about this area of law, see our family law overview.