Reinstatement of Parental Rights
Parental Rights Reinstatement
In this article, learn about termination and reinstatement of parental rights. It explains what these terms are and generally covers the actions you can take to get your parental rights back, or reinstated.
What does reinstatement of parental rights mean?
Reinstatement means that parental rights can be given back to a parent after termination. It means that a person can become a legal parent again and that they can take care of and live with their child again.
I was previously told that I could never get my parental rights back. When did this law go into effect?
The law for reinstatement of parental rights went into effect in September 2021. Before this, it was not possible for a parent to have their rights reinstated after termination. Now, all terminations filed by CPS (the Department of Family and Protective Services) are potentially eligible for reinstatement if certain conditions are met. See Texas Family Code 161.301 through 161.304.
What does termination of parental rights mean?
Termination of parental rights is a specific order that can only be made in court. A termination order ends the legal relationship between a parent and their child. After a termination, a parent and a child are legal strangers.
Losing custody of your child or having visit time limited does not necessarily mean your parental rights were terminated.
If you are still named on a court order as any kind of conservator or a parent non-conservator, your rights have not been terminated. In this case, you may be able to ask that the court orders be changed or modified. A reinstatement is not necessary.
How do I know if my parental rights were terminated?
A final order, or decree, from a DFPS case (often called a “CPS” case) will say clearly if parental rights are terminated. If you are uncertain about this or have not seen the final order, you can get a copy of it from the District Clerk’s office in the county where the order was made.
Am I eligible for reinstatement of my parental rights?
You might be. Please read Requirements for the Reinstatement of Parental Rights to determine if you qualify under the law to file a petition to reinstate parental rights.
Where can I get help with reinstatement of parental rights?
- You can use the Legal Help Directory to find legal aid organizations serving your area.
- Family Helpline at Texas Legal Services Center (TLSC) provides callers with reliable legal information about CPS issues from experienced child welfare attorneys.
- Austin Community Law Center (ACLC) runs a Reinstatement Program offering legal assistance to qualifying applicants. You can contact ACLC to see if you qualify for the program and believe you are eligible for reinstatement.
I want to reinstate my parental rights after termination.
Parental Rights Reinstatement
Requirements for the Reinstatement of Parental RightsUnder new Texas law, there is a way to get back parental rights after termination.
Child Custody and ConservatorshipLearn about Texas custody orders.
CPS InvestigationsThis article explains CPS investigations.
Family Helpline CPS and Custody VideosThe Family Helpline created a video series to help you understand legal issues in family law and CPS cases.
Terminating Parental Rights in TexasThis article contains information on terminating parental rights.
Best Interest of the Child StandardThis article explains the “best interest of the child” standard, how it plays a role in cases with children, and how it is used by courts.