Protecting You During The Divorce Process

Regaining lost parental rights may be possible

On Behalf of | Jan 3, 2022 | Child Custody

Parents who lost custody of their children due to being “unfit” may suffer tremendous anguish over the court’s decision. Assuming the situation is hopeless may be the wrong attitude, though. Texas passed new legislation intended to help those parents who lost their rights. Legal recourse may now exist for individuals hoping to reclaim their lost parental rights.

Parental rights concerns and issues

Parents may not realize that a family court judge has tremendous authority regarding their parental rights. In short, a judge could terminate all parental rights if necessary. Such actions are not likely malicious. Parents who neglect their children due to substance abuse issues may put the kids’ well-being in jeopardy. A judge may terminate parental rights to protect the children’s welfare.

Parents who lose their rights may now have a viable path to regain them. Bipartisan actions from the Texas Legislation resulted in House Bill 2924. The bill allows parents to reclaim their terminated rights under certain circumstances.

Exploring the reinstatement of parental rights

As with child custody hearings, a parent seeking to reclaim lost rights would need to prove he or she is fit for parental duties. However, losing parental rights is different from not obtaining a preferable child custody arrangement. A loss of parental rights typically derives from serious neglect or other excessive problems.

The Texas legislation provides hope for parents who lost their rights, but the proverbial bar is high for the courts to reverse a prior decision. At the very least, the parent must prove that the problem that led to his or her rights being terminated has been addressed. Parents should submit clear and compelling evidence in court to prove their case.

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