{"id":351941,"date":"2016-04-04T11:02:42","date_gmt":"2016-04-04T16:02:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/parental-rights-and-liability\/reinstatement-of-parental-rights-after-termination.html"},"modified":"2026-07-08T11:35:00","modified_gmt":"2026-07-08T16:35:00","slug":"reinstatement-of-parental-rights-after-termination","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/parental-rights-and-liability\/reinstatement-of-parental-rights-after-termination.html","title":{"rendered":"Reinstatement of Parental Rights After Termination"},"content":{"rendered":"\n
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Reinstatement of Parental Rights After Termination<\/h1>\n\n
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\n By John Mascolo, Esq.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

You may be able to reinstate your parental rights after a court takes them away. But this option depends on where you live. All states have laws enabling the termination of parental rights. Yet, not all states allow for the reinstatement of these rights. <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

Even in states that allow reinstatement, the process can be difficult. Parents must be able to show a substantial improvement in their ability to care for a child. A court needs proof of this change before granting such a request.<\/p>\n

This article focuses on the reinstatement of parental rights after a termination order. It includes a discussion about differences in state laws. If you have questions about reinstating parental rights in your state, you can ask a family law attorney<\/a> for advice.<\/p>\n

Termination and Reinstatement of Parental Rights<\/h2>\n

Every family scenario is unique. States try to create a system that balances family unity with children\u2019s welfare. Ending and reinstating parental rights<\/a> is a key part of this system.<\/p>\n

Since this process takes place in state courts, the laws and procedures vary from one state to the next. Yet, there are a few basic similarities in how states and courts handle these cases.<\/p>\n

How Courts Terminate Parental Rights<\/h3>\n

When a court orders the termination of parental rights (TPR), the legal relationship between a parent and child ceases to exist. It is very rare and occurs in\u00a0especially serious cases<\/a>, such as those involving\u00a0child abuse<\/a>, severe child neglect, or abandonment. In such cases, the local department of social services or child protective services brings the TPR action to end the parent’s parental rights.<\/p>\n

If the parent does not agree to termination, then a contested hearing will go forward. The court must weigh the evidence. It will decide whether the TPR is in the best interest of the child. The court must show there is clear and convincing evidence to support its decision.<\/p>\n

A parent might petition the court to voluntarily give up his or her parental rights. Even in such cases, the court must determine if termination is in the child’s best interest.<\/p>\n

How Courts Decide To Restore Parental Rights<\/h3>\n

Most laws allowing reinstatement came in response to older children. These children were aging out of foster care and wanted to re-establish contact with their birth family. State legislatures responded to concerns that without clear time frames, children would languish in the foster care system until emancipation<\/a>.<\/p>\n

Reinstatement is often available only on the condition that the child protective services agency has not found a permanent placement for the child within a given period of time. A foster parent normally provides a temporary home for a child<\/a>. A permanent plan for placement includes an adoption or permanent guardianship.<\/p>\n

In states where reinstatement is available, a parent or a child will file a petition with the court that originally terminated the parent’s parental rights. This may be a juvenile, family, or probate court. The petitioner must serve a copy of the petition on all interested parties. The court will send out a notice of a hearing to the parties.<\/p>\n

The court may appoint a Guardian ad Litem<\/a> (GAL) to investigate and make recommendations consistent with the child’s best interests. The child’s Guardian ad Litem interviews the interested parties, including the former parent and the child. The GAL prioritizes the child’s well-being. The court will consider the Guardian ad Litem’s report and recommendations.<\/p>\n

The court will assess whether the parent is now fit<\/a> to provide a safe and nurturing home for the child. The court then determines whether there is good cause to reinstate the parent’s parental rights. If the court decides that the child’s parent has made substantial progress to remedy what led to termination, the court finds in favor of reinstatement.<\/p>\n

Which States Allow Reinstatement of Parental Rights?<\/h2>\n

About half of U.S. states have laws and processes<\/a> to restore a parent\u2019s rights, including:<\/p>\n