Can I Get My Parental Rights Back After They Have Been Terminated?

 Posted on May 27, 2022 in Family Law

Illinois family judges take parental rights seriously and only terminate them against the wishes of the parent in the most serious cases. Abuse, neglect, or abandonment can make it dangerous for a child to live with a parent in their home and Illinois DCFS must sometimes take action against a parent’s and even a child’s wishes. Unfortunately, this means that if your parental rights have been terminated, it is very unlikely that you will get them back, even if you have taken extensive measures to improve your circumstances. 

However, it is sometimes possible to reverse a parental rights termination and reunite a child with his or her parent. An experienced Illinois family law attorney can talk to you about your situation and help you understand your options. 

Clear and Convincing Evidence

Most states never allow parents whose parental rights have been terminated the option to reinstate those rights. However, Illinois law states that parental rights can be reinstated if a motion has been filed by the child or by DCFS that is supported by “clear and convincing evidence” that reinstating parental rights would be in the child’s best interests. While this may sound open to interpretation, it is a strict burden of proof that must be met before a judge will reinstate parental rights. In addition to providing clear and convincing evidence that reinstating parental rights would be in the child’s best interests, the following conditions must also be met: 

• Three or more years have gone by since parental rights were originally terminated 
• The child must be at least 13 years old, or be the younger sibling of a child who is 13 years old and wants their parent’s rights reinstated, and understands the full implications of the parental rights being restored 
• The parent wants reinstatement and can prove there has been a substantial change in circumstances since their parental rights were terminated

Children of Deported Immigrant Parents

A unique circumstance that sometimes grants more flexibility in the reinstatement of parental rights is when a parent who is an undocumented immigrant is deported, leaving a child who is a U.S. citizen without a parent. These children are often left in foster care or are cared for by relatives who are not their parents. A judge may reinstate your parental rights if you lost your parental rights due to deportation. 

Contact a Kane County Parental Rights Attorney

At Shaw Sanders, P.C., we know that good people make mistakes. We also know how important your children are to you and how important you are to them. If you have had your parental rights terminated and want to know whether you may be able to get them back, schedule a free consultation with a St. Charles parental rights attorney who can walk you through your options. Call us today at 630-584-5550. 

Source: 

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K2-34