Can You Regain Custody If You Sign over Parental Rights?

Giving up basic custody and parental rights of your child can be a painful and heartbreaking experience. Typically, the loss of parental rights is often caused by a court’s determination that there has been some type of abandonment, neglect, or abuse of the child. Generally, the loss of custody is a temporary status, unless you have signed away the rights to formally give up control over your child’s care and welfare.

Oftentimes, individuals who wish to regain custody of their children after signing away their parental rights require an extensive fight in court. It is a process that is nearly impossible to accomplish without a competent, skilled attorney. Even then, using the experience of a good lawyer, there can be no guarantee of you ever regaining the parental custodial rights of your child.

For anyone considering terminating their parental rights, it is a very challenging hurdle to reverse should you ever desire to get them back. Oftentimes, parents give up their rights under duress thinking that it would be in the child’s best interest to live a life without them. There are numerous situations in which individuals might have to sign away their custodial rights to their children. However the legal significance and dire ramifications can be far greater than the tremendous emotional distress you feel from making an ill-advised decision.

Oftentimes, any agreement to give away parental rights that have been signed by you and that was approved and accepted by a judge in court will most likely be legally binding. However, there may be a way to obtain judicially-ordered access to your child or children as his or her parent. It might not be something that is defined as custody, although every situation is unique. The determination in court will be based on exactly how and what was signed, and how long ago it was accepted in a court of law.

Many times, parental rights are taken away due to extenuating circumstances including the inability or incapacity to take care of the child. If you experienced a past drug or alcohol problem, or were seen unfit for a variety of other reasons, it might be possible to have your custody rights of your child reinstated.


In the end, the court understands the importance of children having a normal relationship with both of their parents. If you are now clean and sober, self-supporting, and have received the necessary therapy, there may be a way to regain your parental rights.

By Kenny Leigh

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