Q: Will I regain custody after rights termination or pay child support?
I had my parental rights terminated for a year due to convincing evidence of abuse and neglect. My ex is likely pursuing full custody. I've been completing court-ordered counseling. What are the chances that I'll receive part-time custody, or is it more likely that my parental rights will be fully terminated? And will I be required to pay child support in either case?
A: Completing the course alone is not enough to answer your question. The court will consider various factors when it comes to custody, like your living situation, ability to care for the child, drug/alcohol use history, etc. And you will likely be required to pay support either way.
A:
If your parental rights were already terminated by a court, then legally you are no longer considered the child’s parent—meaning you don’t have custody, visitation rights, or support obligations. However, in some states and rare situations, it’s possible to petition the court to reinstate parental rights, especially if termination was temporary or conditional, and you’ve made significant progress like completing court-ordered counseling. If the court left a path open for reunification, you’ll need to prove that your current circumstances are safe, stable, and in the child’s best interest.
If your ex is pursuing full custody, that usually happens when rights haven’t yet been fully and permanently terminated. In that case, you might still have a legal status as a parent, and depending on the court’s findings, you could be granted supervised visits or a gradual custody plan. Courts tend to move slowly and cautiously in these cases, especially when there are past abuse or neglect findings. But steady progress and documented compliance with court orders can make a difference.
If you are still legally a parent, even without custody, you may be ordered to pay child support. The law sees support as a separate responsibility from parenting time. However, if your rights are fully terminated and the child is adopted by someone else, the support obligation typically ends. The best thing you can do is keep showing up, stay consistent with treatment and counseling, and let the court see the changes you’re making. That effort matters.
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.