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Can I Regain My Parental Rights After Being Deemed an Unfit Parent?

As a parent, your bond with your children is one of the strongest relationships in your life. If you have lost your parental rights to your children after being deemed an unfit parent, you may be concerned about if you can regain those rights to your child and potentially seek custody in the future. Our Pasadena custody attorneys share how parents can pursue the reestablishment of parental rights for their children.

Loss of Parental Rights

A parent loses their parental rights after being deemed an unfit parent or following an investigation by DCFS. For parents to be stripped of their parental rights, legal action must be taken against them, and the courts must confirm this decision. These rights can also willingly be relinquished by the parent if desired.

Parents are typically deemed unfit for parental rights following cases of abuse, neglect, mental or physical illness limiting the care parents can give, and other instances in which the parents would be unable to fully care for their children.

The Reinstatement of Parental Rights

Parents who have had their parental rights stripped do have an avenue for parental right reinstatement for their children. With such high stakes, parents seeking the reinstatement of their parental rights must have a trusted child custody attorney by their side to guide them through the process.

Parents in Los Angeles County can seek the reinstatement of their parental rights by filing the WIC388 form. Their attorney can help them fill out the form and provide any additional information necessary for the courts to review this petition.

Reasons for Reinstatement

There are two ways that parents can pursue reinstatement of their rights, which are highly dependent on the amount of time for which the rights have already been stripped.

  • For parental rights stripped three or more years prior: the child has not been adopted, it has been determined the child is no longer likely to be adopted or is unable to be adopted, or the child is asking for their parents to regain rights and custody.
  • For parental rights stripped less than three years prior: The Department of Children and Family Services (DCFS) and the child must agree the child is not likely to be adopted, the child has not yet been adopted, and DCFS agrees to the reinstatement of parental rights.

Child Consent

When pursuing these rights, the courts heavily consider if the reinstatement of parental rights is in the child’s best interest. If your child is over the age of 12, your child will need to sign your petition seeking the reinstatement of rights unless there is a valid reason why your child is unable to sign the form.

Hearing

After the successful filing of the petition, a court hearing will be scheduled so the courts can review the petition. At the hearing, the courts will determine if the reinstatement of parental rights is beneficial to the child and in the child’s best interests. The courts will also review statements made by DCFS to determine whether DCFS believes the parent’s legal rights should be reinstated.

If the parent’s rights are reinstated, the parent can then seek custody of their children and will have a legal link to their children. Their children will once again be the inheritors of their estate and can enjoy any legal benefits the parents may have, such as health insurance.

Pasadena Child Custody Attorney

After the loss of rights to your children, you may be concerned about if you will ever be able to seek custody of your children in the future. At Law Offices of Christopher L. Hoglin, P.C., our priority is helping families reconnect and being their next chapters. With our attorneys, your case is in good hands.

Are you seeking the reinstatement of your parental rights to your children? Our attorneys can help you reach this goal. Schedule a consultation today by calling (626) 653-4075.

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