Can a Parent Restore Their Parental Rights After They’re Lost?

The termination of parental rights is not a decision a Michigan court takes lightly, whether the rights were severed involuntarily or voluntarily. Yet, when a court cuts legal ties between a parent and child, it’s usually permanent.

For a parent at risk of losing their rights or if they’ve already lost them, the situation may seem entirely hopeless. But can parental rights be restored?

Voluntary and Involuntary Termination of Rights

There are two ways in which a parent can lose their parental rights — voluntary termination and involuntary termination. Voluntarily relinquishing parental rights often occurs with adoption, though even a parent who abused or neglected their child may agree to terminate their rights.

With involuntary termination of parental rights, a petition must be filed with the court by an agency, the legal guardian, the prosecutor, or another individual with an interest in the child.

Under state law, the petitioner needs to present to the court clear and convincing evidence of at least one of the bases for termination. These bases include such acts as abandonment, abuse of the child or sibling, neglect, failure to support and provide care, or the parent-child relationship having broken down.

Follow the Case Service Plan

When a parent loses custody due to child abuse or neglect, they’re provided with steps to restore their rights, according to the State Bar of Michigan. If the child is in foster care, the agency involved will develop a case service plan, which the parent must follow to be reunited with their child.

This court-approved plan may include counseling, parenting classes, or substance abuse treatment. In addition to following the plan, the Michigan Bar states that the parent must visit the child regularly and stay in contact with the caseworker. The parent also must appear at a hearing every three months to report on their progress.

Request a New Trial or Appeal

After an order for terminating parental rights has been initiated, the parent receives an Advice of Rights After Order Terminating Parental Rights. The notice details the parent’s options and law-preserved rights — their right to a new trial, rehearing, reconsideration, and appeal.

However, they come with strict deadlines. Once those pass, the order becomes irreversible.

If a parent intends to file for a new trial, rehearing, or reconsideration, it must be done within 14 days of the order. With an appeal to the state’s court of appeals, a parent has 21 days to file. The law also provides a parent access to a court-appointed attorney if they can’t afford one.

File a Supplemental Order of Disposition

When the court has custody of a child, parental rights are terminated. However, a parent’s rights may be reinstated by a supplemental order of disposition after rehearing.

After a rehearing, the court may change or reverse an order. Again, a parent has to move quickly. They must file a petition within 20 days of the order terminating parental rights.

The court takes a litany of law-mandated measures to prevent a parent from permanently losing rights to their child, from the moment the risk arises to the termination of rights order.

In most cases, it’s ultimately up to the parent. The procedures may be complicated and the deadlines short, but they do provide a pathway to restoring their rights.

Did You Lose Parental Rights?

If you’ve lost parental rights or are at risk of losing them, contact Gucciardo Family Law for a consultation. Our experienced family law attorneys will explain your rights and available options.