Regaining custody is a complex process that demands considerable effort and the assistance of our seasoned Peoria County Child Custody Lawyer. Please continue reading as we explore how a parent can regain their rights after losing custody in Illinois.
Why Do Parents Lose Custodial Rights?
When a parent’s custody rights are terminated in Illinois, it’s typically a measure taken only when the court deems it to be in the child’s best interest. Such a decision is not taken lightly. Generally, courts strive to maintain a child’s relationship with both parents, making the revocation of custody a last resort. Courts require significant and compelling reasons to deny a parent’s custody rights. Potential reasons for custody revocation include:
- Disregard or violation of a court-ordered parenting plan
- A parent’s residence being deemed unsafe for the child
- Lack of contact between a parent and the child
- Incarceration of a parent (preventing them from providing care)
- Demonstrated issues with ongoing substance abuse by a parent
- A parent engaging in parental kidnapping
- Accusations or convictions of child abuse, neglect, domestic violence, or a parent’s mental illness
How Can I Regain Custody?
While it likely seems like a challenging endeavor, regaining custody rights is achievable for a parent who diligently builds their case for restoration. The parent who lost custody bears the burden of demonstrating that all outstanding issues have been resolved and that they can provide adequate care for their child. Although there isn’t a single definitive method to regain custody rights, taking these effective steps can significantly improve the chances.
To restore your custodial rights, you must show that you have corrected the issues that led to the loss of your rights. For instance, if custody was lost due to substance abuse, a parent must demonstrate participation in treatment programs and sobriety. Another example is if custodial rights were lost due to a lack of stable housing, securing a safe environemnt is necessary. When the judge terminates custodial rights, they will outline specific rules for visitation, set hearing dates, and provide other details relevant to the decision. Parents must follow any court orders issued.
After the issues have been addressed, you can file a petition with the court to modify the existing custody order. The petition should detail the modifications made and justify why these changes now serve the child’s best interests for placement in the parent’s care. The court will review the evidence and testimony presented to make a decision.
As you can see, regaining custody can be complex. At Butler, Giraudo, & Meister, P.C., we are prepared to provide guidance and support throughout this legal process. We will help you fight for parenting time. Contact us today to schedule a consultation.
