Termination of parental rights is a serious action that ends the legal relationship between a parent and child. This includes the right to custody, visitation and decision-making.
In North Carolina, courts do not easily reinstate parental rights once they become terminated. The court only takes this step when it finds that doing so serves the child’s best interests, often due to accusations of abuse, neglect, abandonment, or unfitness. If you are looking to reinstate your parental rights, it is important to understand the difficulties you might face.
When does North Carolina allow parental rights reinstatement?
Under specific circumstances, North Carolina law allows for the possibility of reinstating parental rights. The law only allows this process if the child did not undergo adoption after the termination. The child must also be at least 12 years old, unless the court makes an exception for younger children. Additionally, only the child’s guardian or a county department of social services may file the petition to reinstate the rights. The parent with terminated rights cannot start the process.
What is the reinstatement process?
The court begins the reinstatement process by holding a hearing. The judge examines whether the parent has made meaningful and lasting changes since the termination. The court looks for proof of stability, a safe living environment and a desire to build a healthy relationship with the child. If the court finds that reinstating rights may serve the child’s best interests, it may order a trial placement. During this time, the child may live with the parent under supervision.
If the trial placement goes well, the court may fully reinstate the parental rights. The judge must believe that doing so supports the child’s emotional and physical well-being. If the court does not believe reinstatement serves the child’s best interests, it may deny the request.
Reinstating parental rights in North Carolina remains rare. The process involves strict requirements and careful evaluation. A parent must show growth, responsibility and commitment. The court must also find strong reasons to believe the child will benefit from restoring the legal relationship.