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Can I get my parental rights reinstated?

On Behalf of | Aug 26, 2019 | child custody & visitation

When a court terminates your parental rights, it is something not done lightly. The court must have a very good reason backed with strong and convincing evidence to terminate your rights. Of course, you may also voluntarily give up your rights. Reinstating parental rights is not something the court does often, and according to the Official Code of Georgia, it is something done in only rare situations.

The only limited situation in which you could get your parental rights back after termination is if your child is up for adoption and after three years has not yet been adopted and the court sees there is no likelihood for adoption. Your child must file the petition to have your rights reinstated.

The whole process comes from the child’s instigation. You do not even have a right to be at the hearing where the court will determine if you get your rights back. You do have a right to speak at the hearing, but it can occur without you there. You also have the right to object to reinstatement if you do not wish to have your parental rights back. The court will honor this request and dismiss the case.

You will also get a notification that the hearing will occur and your child wishes you to have your parental rights returned. This gives you the opportunity to make a statement or issue a response.

The court may give you your parental rights back if it feels it is in the best interests of your child and that there is not a chance that your child could be adopted. You will have to show you are a fit parent and that you no longer have the issues that caused the court to originally remove your rights. This information is for education and if not legal advice.