Q: Can I regain custody after termination due to drug use?

A: Once a parent's parental rights have been finally terminated and that judgment is final, the parent is unable to regain their parental rights.

A: Once parental rights have been fully terminated by the court, it's incredibly difficult—but not always impossible—to regain custody. In most states, termination severs all legal ties between the parent and the child, and only in very rare cases will a court consider reinstating those rights. Some states allow a petition for reinstatement, but usually only if the child hasn't been adopted and the court finds reunification to be in the child’s best interest.

Your recent progress—sobriety, stable housing, employment, therapy, and parenting classes—is powerful and could support your case if the law in your state allows reinstatement. You’d likely need to file a motion with the court and present strong evidence that you’ve changed and that your child would benefit from being with you again. The process could take months, sometimes longer, depending on your state’s legal path and whether the child is currently placed with relatives, in foster care, or adopted.

If the child hasn’t been adopted yet, you might have more options. Ask the court or a legal aid clinic if your state allows a motion to vacate or reverse the termination. Keep every piece of documentation that proves your growth and stability—it shows the judge that you’re serious about parenting. You’ve come a long way, and your commitment matters. Don’t give up—just take it one step at a time.