Can a father get his child custody rights back? 15 Answers as of July 03, 2013

The father wants to have legal rights again to see his child so the mother can not run off with the child and refuse him from seeing his child.

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Beaulier Law Office
Beaulier Law Office | Maury Beaulier
The case must be reviewed to determine its procedural status. Custody rights and parenting time may always be granted unless the parent's rights were terminated by court order.
Answer Applies to: Minnesota
Replied: 11/16/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Yes, go to court & file an OSC.
Answer Applies to: California
Replied: 11/16/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to file a motion to modify the parenting plan.
Answer Applies to: California
Replied: 11/17/2011
Joanna Mitchell & Associates, P.A.
Joanna Mitchell & Associates, P.A. | Joanna Mitchell
Depends on how or why he lost his rights (or if in fact he did lose those rights).
Answer Applies to: Florida
Replied: 7/3/2013
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Without knowing exactly why the question is being asked, it isn't possible to accurately answer the question. If "legal rights" were actually terminated, it is highly unlikely that there is any viable option to restore those rights. However, if the "legal rights" being referred to as lost are simply the result of a court custody order that imposed very strict rules or limitations on access to the child, that court order is always subject to modification if a change is in the best interest of the child. You need to talk to a lawyer who can evaluate the actual facts and circumstances and then explain your options to you.
Answer Applies to: Colorado
Replied: 11/15/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    It depends on why the father does not have legal rights...did he forfeit his rights, were they taken from him by the courts, if so, why? Also, if so, did the courts give him visitation?
    Answer Applies to: Illinois
    Replied: 11/15/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    You don't give much information. It is unclear why the Father cannot see his children. Is there a parenting plan. If not, move the court for one.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    I would need a lot more information about this. Did the father ever have visitation or custody rights to begin with? Why were they removed? Please see a domestic relatins attorney near you for further information.
    Answer Applies to: Ohio
    Replied: 11/15/2011
    Odin, Feldman & Pittleman, P.C.
    Odin, Feldman & Pittleman, P.C. | Richard A. Gray
    In Virginia: I am assuming from your question that you did not voluntarily relinquish your parental rights. If you did, then the answer is No. However, if the loss of custodial rights was due to some disability on your part at the time that has since changed or an inability at the time to parent the child; then you have the right to petition the court for custodial rights of visitation. The qualification is that the court looks to whether there has been a material change of circumstances since the last order was entered. Even then, the Court looks to see whether the material change in circumstances (whatever it may be) justifies a change in the current custodial order. Obviously, the reason or reasons you lost custody in the first place will be a major factor in the likelihood of your regaining any custodial rights of visitation.
    Answer Applies to: Virginia
    Replied: 11/15/2011
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    It depends, if it is just a Child Custody agreement then yes usually that can be modified. If however the father has had his Parental Rights terminated, then the answer is likely no.
    Answer Applies to: Arizona
    Replied: 11/15/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    It seems to me that it would depend on why those rights were lost in the first place, and what has been done to fix the situation that lead to their loss.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    In Washington state, the Father must file a Petition with the court to modify the court order limiting his access to the child; and demonstrate that the circumstances have changed justifying modification of the prior order.
    Answer Applies to: Washington
    Replied: 11/15/2011
    Charles Regan Shaw, PLC
    Charles Regan Shaw, PLC | Charles R Shaw
    If you have signed off on your PARENTAL RIGHTS you have a separate issue. If you are refering to restoring your rights to visitation parenting time you can, by petition.
    Answer Applies to: Michigan
    Replied: 11/15/2011
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