In family law, domestic violence often complicates matters like divorce and child custody. This can lead to serious legal consequences, including the potential termination of parental rights. Understanding when this can happen and whether those rights can be restored is essential.
Circumstances when a parent can lose their parental rights
In New York, a parent can lose their parental rights if there is proof of them being unfit and if there are domestic violence issues. The court’s top priority is the child’s safety and well-being. If a parent is abusive, whether physically or emotionally, and poses a threat to the child, the court may decide to terminate their parental rights. Other reasons include:
- Severe neglect
- Abandonment
- Not maintaining contact with the child
This involves a thorough investigation and straightforward evidence of harm or potential harm to the child.
Can you restore parental rights?
Getting parental rights back after their termination can be tough in New York. Once the court terminates these rights, they are usually considered permanent. However, in rare cases, if the parent can show significant and sustained changes, like completing rehab programs, attending counseling, and maintaining a stable and safe environment, they might petition the court to get their rights back. The court will again look at the child’s best interests and carefully consider whether restoring the parent’s rights would benefit the child.
Taking legal action
If you find yourself facing the possibility of losing your parental rights or are seeking to regain them, you may want to seek help from a legal professional. They can guide you through the legal process, advocate for your child’s best interests and potentially increase your chances of a more favorable outcome.
