In some states, parental termination may not be the end-all to rights. Sometimes, a parent could gain their rights back under certain circumstances even after the court has officially terminated these rights. However, the parent must be able to show certain standards, such as an improvement in their day-to-day lifestyles and ability to care for a child to gain these rights.
What Happens Due to Termination
When a parent’s rights are terminated, the court takes away the legal relationship between a parent and child. Usually, these cases do not occur, except under very serious circumstances – such as cases involving child abuse or severe child neglect. The court looks at the best interests of the child when they consider whether or not a termination should take place. Nine states actually have laws that dictate that a parent can have their rights reinstated, one of which is California. However, it is still only possible when a child has not been permanently placed with a foster home.
Clear and Convincing Evidence
In many cases, you will see something known as “clear and convincing” evidence that shows if a parent is fit to have their rights reinstated. Depending on the state, there could be a higher or lower standard of proof. In California, there are very specific laws that merely suit the state:
- To be eligible for reinstatement of rights in California, you must meet the eligibility of three years passing after the termination. However, this may not be so if it is determined that the child is likely to not be adopted. If the child is under 12, the court must prove that reinstatement is actually in the child’s best interest before moving forward.
If you or a loved one has lost their parental rights, we understand that you are going through a difficult time. We can help you in your time of need. We are waiting to hear from you, so call us today.