The father of my child and I eventually lost parental rights to our first child due to Drug use. Altough this decision was involuntary it obviously stuck. My mother has custody of said child, but we r clean and sober for over 2yrs now and have gotten on our feet and completely turned our lives around. We have been raising the child without custody for a while with her permission, so my real question is if she is willing to give the child back, given we can show our milestones is that possible. Or is there a way I can get my child back?
First you have to clarify what needs to be done. You referenced "reinstatement of parental rights." If your parental rights were terminated then the only way to get parental rights back would be to adopt the child -- but given that the Court would have to find that it is in the child's best interest to allow you to adopt the child, that may be a tenuous position.
If your mother simply has straight custody or a guardianship, then things will be easier but you'll need to work with an attorney on the specifics of your particular case.-
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For some reason your question is listed under "Power of Attorney." I am changing the category of your question to "Child Custody" so you will get more responses.
Ms. Willi is a tax attorney, CPA, and Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Westerville, Ohio. She serves client families and private business owners throughout Ohio. Ms. Willi responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but her responses are not legal advice and do not create an attorney-client relationship. Her posts are provided for informational purposes only and are not a substitute for advice provided by an attorney or licensed tax professional. Her phone number is 614-890-0500 and her website is www.willilaw.com.
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