Can parental rights be reinstated?

On Behalf of | Jul 18, 2024 | Parental Rights & Responsibilities

Yes. In Florida, a motion to reinstate parental rights can be filed for those who had lost or given it up in the past. However, getting it approved by the court can be a long and complicated process, involving a series of hearings and an in-depth assessment based on strict criteria. Here’s what you can expect:

Who can file a motion for reinstatement?

The Florida Department of Children and Families, the parent, or the child can file a motion to reinstate parental rights at least 36 months after its termination. The court will then consider if:

  • The termination was based on certain grounds, such as the parents’ voluntary surrender or incarceration.
  • The parent is not a verified abuser and has no verified reports of abuse, neglect, or abandonment since the termination.
  • The child is at least 13 years old, has not achieved permanency, and is not in a pre-adoptive placement.

If all criteria are met, the court will issue a notice to all parties and hold an evidentiary hearing at which the movant – the person filing the motion – must present evidence.

What kind of evidence is needed in the hearing?

During the initial evidentiary hearing, the court must see evidence of positive changes in the parent’s behavior, circumstances, capacities, and the child’s best interest. It should show that:

  • The child is mature enough to express a preference regarding the reinstatement and is not in a pre-adoptive home or under permanent guardianship.
  • The parent has completed the necessary programs and has stable employment and housing.
  • Both the parent and the child wish to reinstate parental rights.
  • There is positive input from the child’s guardian ad litem and a multidisciplinary team.

If the court finds the evidence convincing, they’ll order visits between the child and the parent for at least three months. The department supervises these visits and provides reports. If the visits don’t work out or aren’t safe for the child, the court can deny the parent’s request in the final hearing.

What happens next?

This final evidentiary hearing occurs within 30 days after the visitation period. If the court finds strong evidence that it is best for the child, it will approve the motion and reinstate the movant’s parental rights.

The child then lives with the parent under an in-home safety plan. The court will continue monitoring the situation for at least six months, after which they can decide to stop or continue checking on the child every three months until the child comes of age.

You can still be a part of your child’s life

Few things are worse than losing the right to be with your child, but there are ways parents can reclaim it.