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Is there a chance at getting children back after losing parental rights?

Allentown, PA |

My sons were taken from the mother by the state of N.C. for being deemed unfit. Neglect and a few other comments. I was incarcerated at the time with an extended term of 20 years. However my first eligibility was at 6 years 8 months. I made that and am home now. but the state of N.C used the 20 years and the drug charges to paint a monstrous picture to terminate my rights. I never put my children in harms way and am an excellent father. The state of N.J where I did my time did not get my paperwork to me in a timely manner that I could fight against this. There was also a problem with my sons just going to next of kin. they were in state custody for a 12-18months. Until my sister with 3 children of her own could finally get them. My boys are teens and I know they could really use their fath

Clarification: I was incarcerated at the time with an extended term of 20 years. However, my first eligibility was at 6 years 8 months which at the time of termination only 1 year and 8 months were left. I made that... Clarification #2: Until my sister who lives in GA with 3 children of her own could finally adopt them. My boys are teens and I know they could really use their father but since I am paroled to PA where our home, wife and their unborn brother lives it is next to impossible to even see them. Are they even allowed to visit for the summer/stay at my house without legal violations against myself or my sister?

Attorney Answers 3

  1. Best answer

    If your rights were legally terminated, the only recourse is to appeal that order. The time limit for doing so, however, is short and certainly have run. If you can prove that you were not properly served, attacking the termination order might still be possible. You should have the termination pleadings reviewed by an experienced family law practitioner.

    What may be more important is the emotional relationship, and if the children were adopted within the family that might be a realistic possibility. Children need all of the positive adult influences available so if your sister now has the legal control and agrees that you are an excellent father, you should approach her about being involved in the lives of your sons.

    Best wishes for an outcome you can accept, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  2. Unfortunately, in Pennsylvania once rights are terminated there is no going back, absent circumstances such as procedure (getting you papers on time) which prevented you from defending and keeping your rights. You will definitely want to speak to an attorney about this, as your ability to get parental rights back are slim to none unfortunately.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state

  3. I agree with counsel. Termination of parental rights is a serious situation and once it's done, barring an appeal, it's done.

    Disclaimer: This email message in no way creates an attorney client relationship between Majeski Law, LLC and the recipient. Responses are general in nature and do not constitute legal advice. You should consult a lawyer regarding any specific legal matter.

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