My parental rights were terminated while I was incarcerated. What can I do?

Speak to an attorney about appealing. If your parental rights were terminated recently, you may be able to appeal. For example, if you did not get advance notice of a hearing at which you had the right to be present, and the hearing resulted in an unfavorable decision, your absence at the hearing may be grounds for an appeal.[2449] You should speak to an attorney about your particular circumstances to see whether an appeal is an appropriate solution. If your child has not been adopted, he or she may be able to file a 388 petition to reinstate your parental rights. This remedy may be available under two circumstances: if your child hasn’t been adopted within three years of the termination of your parental rights, OR, regardless of how much time has passed, if both your child and the social service agency agree that adoption is unlikely. See Appendix E - PG. 803 for more information about 388 petitions.

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    Manual on Transportation to Court for Hearings Affecting Prisoners’ Parental Righs, available at http://www.prisonerswithchildren.org/wp-content/uploads/2013/07/Transportation-to-Court-2013.pdf. ↑