Reinstating Terminated Parental Rights

Law Offices of Stephanie L. Mahdavi A Professional Law Corporation Child Custody

Whether the court terminated your parental rights or you voluntarily quit, you may be able to get your kids back with the help of a Thousand Oaks child custody attorney. It all depends on the reasons why your children were taken away. Biological parents generally surrender their rights when someone wants to adopt. The court, on the other hand, will terminate parental rights if they feel the child is not safe with a parent.

When a court terminates your parental rights, the legal relationship between you and your child is no longer there. Termination of parental rights is very rare. It generally happens in cases involving substance abuse and child neglect. The main focus is always on the child’s best interests. Reinstatement laws often help older children seeking to establish a connection with their biological parents.

Cases involving abuse or neglect

When social services remove a child from your care, the child is placed in foster care or with family. While the termination of parental rights is not immediate, California’s juvenile court will handle the process and make sure the child is safe. You will be given some time to fix your situation. If you hire a Thousand Oaks child custody attorney, you may be able to win back custody of your children. These cases are too complex to handle on your own and chances are your parental rights will be terminated and your kids are given up for adoption.

Back in 2015, Assembly Bill 519 was enacted to help parents whose parental rights were terminated to get their children back. However, if the children are adopted after the parental rights are terminated, the child will have to petition the court three years after the court terminated the relationship due to abuse or neglect.

Some factors courts will consider

If the court determines that it is in your child’s best interest to get back with you, your request may be approved otherwise your rights will be terminated. If your child is older than 12, he can accept or object to the court’s final decision. As long as you try to improve your situation, and you can prove your child is safe with you, and if you have kept in touch with your children, things may work in your favor.

Adoption

Once your child was adopted, you will not be able to regain your rights. This is why it is crucial you speak with an experienced family law attorney as soon as possible otherwise you risk losing your child forever. If you have failed to support your child emotionally and financially on a long term basis, you definitely need to hire a capable attorney.

We can help you regain custody

There are always ways to win your custody rights back, depending on the circumstances surrounding your case. Don’t let one more day go by without claiming your parental rights. Call us today and schedule your initial case assessment with Thousand Oaks family law attorney Stephanie L. Mahdavi.

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