Legal Question in Family Law in Texas

restoring parental rights

My husband was recently released from prison. During his incarceration, thinking it was in the best interest of his children, he terminated his parental rights. His children have not been adopted and are still in foster care. He can now offer them a loving home. Can we get them back?


Asked on 1/02/04, 6:04 pm

1 Answer from Attorneys

Basil Hoyl Law office of Basil Hoyl

Re: restoring parental rights

When a termination of parental rights is ordered by a court of competent jurisdiction, with proper jurisdiction over the parties in a final decree, and time has expried for appeal (30 days) and there is no fraud in the process sufficient to support a bill of review, and especially where a party agreed to the termination, it is quite unlikely that a court would reverse a termination. Additionally, where a person has a felony conviction and has previously agreed to terminate his parental rights, judges and CPS officials would have concerns about placing child(ren) for adoption with him or granting requests to place custody of the child with him. In short, it is probably too late and not likely to happen, but every case is different and there might be circumstances in his particular case which would allow him to overturn the decision. Without reviewing all the documents and circumstances it is not possible to know his liklihood of changing his mind and then being able to convince a judge to reverse a (final?) order.

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Answered on 1/03/04, 10:26 am


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