Getting Child Custody After Parental Rights Terminated

by Anonymous from Florida

I had given up my parental rights for my son upon becoming incarcerated to my ex-husband's mom and dad. They have always said upon return my son belongs with his mother.

Well now that I am back in my son's life my son wants to be back with me but I'm not sure how to go about getting custody back.

The original allocation of parental responsibility was granted in another state. I

s there a way I can get custody of my son back? The grandparents have no disagreement to the custody of my son being placed back with me.

Answer to Florida Child Custody Question

Dear Anonymous,

You need to go back to your court order and find out what it specifically states.

If your parental rights were terminated, then I'm not sure there is a lot you can do.

However, what commonly takes place in Florida is that temporary custody is granted to a relative when a parent is incarcerated, and, if that is what happened, it is easy to dissolve.

In Florida, you could do this with a motion or petition to Dissolve Temporary Custody. If your child was placed with your former in-laws by an agency such as the Department of Children and Families, they may be able to help you have custody transferred back to you.

Typically, in a placement such as this, there is a case plan that a parent must follow. And once all of the steps in the case plan have been completed, although it may require a court order, it is fairly simple to regain custody of your son.

The Department of Children and Families in Florida is required to help families work toward the goal of family reunification. You should contact the them to see how to proceed and if they can help you. Good luck!

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