Can I Get My Parental Rights Back After Criminal Charges?

Question from Mac, Can I Get My Parental Rights Back After Criminal Charges?

Answer from AI:

If you were found not guilty in criminal court but lost your parental rights in a dependency court (often referred to as “DSs Court” or “DSS Court” in North Carolina), you may have options to regain your parental rights. However, this process can be complex and typically requires legal assistance.

Understanding the Termination of Parental Rights

In North Carolina, the termination of parental rights (TPR) is a serious legal action that permanently ends the legal relationship between a parent and their child. This can happen for various reasons, including:

• Abuse or neglect of the child
• Failure to provide proper care and supervision
• Long-term mental illness or substance abuse
• Abandonment
• Failure to maintain contact with the child

Steps to Regain Parental Rights

If your parental rights were terminated, you might be able to petition the court to reinstate them. Here are some general steps you might consider:

1. Consult with a Family Law Attorney: Given the complexity of these cases, it’s crucial to seek legal advice. An attorney can help you understand your rights and the specific procedures in North Carolina.
2. File a Petition: You may need to file a petition to reinstate your parental rights. This petition should include evidence that your circumstances have changed significantly since the termination.
3. Provide Evidence: Gather evidence that demonstrates your ability to provide a safe and stable environment for your child. This might include:
   • Proof of stable housing and employment
   • Completion of parenting classes or counseling
   • Character references
   • Documentation of your relationship with the child
4. Attend Court Hearings: Be prepared to attend multiple court hearings. The court will consider the best interests of the child, including their emotional and physical well-being.

Legal Grounds and Case Law

In North Carolina, the court’s primary concern is the best interests of the child. The court will consider whether reinstating your parental rights will benefit the child. Relevant statutes include:

• North Carolina General Statutes Chapter 7B, Article 11 – Termination of Parental Rights

When Legal Advice is Necessary

Given the stakes involved, it’s essential to consult with a legal professional who specializes in family law. They can provide personalized advice based on your specific situation and help you navigate the legal process.

Additional Resources

For more information, you can refer to:

• North Carolina Judicial Branch – Child Custody and Visitation
• Child Welfare Information Gateway – Reunification

Remember, while this information provides a general overview, each case is unique. Consulting with a legal professional is the best way to understand your options and take appropriate action.