Can I Regain Parental Rights After Going to Rehab?

 Posted on July 15, 2025 in Child Custody

Substance abuse can be a very challenging problem to overcome. Aside from the personal turmoil and professional troubles it can bring, substance abuse can also have legal implications for parental rights. Parents who are addicted to drugs or alcohol in a way that endangers their children can and do lose their rights to their children. 

If your parental rights have been terminated due to a substance abuse issue, you may be able to petition to regain those rights after going through rehab and proving dedicated sobriety. A Denton, TX family lawyer can represent you in parental rights proceedings and petition for access and possession after that. At The Law Office of Linda Risinger, we know how difficult managing your relationship with your children can be when substance abuse is involved. We can advocate for you in a court of family law to re-establish your parental responsibilities.

How Parents Can Lose Their Rights in Texas

There are some circumstances in which a parent’s rights can be involuntarily terminated by a court order. This is generally treated as a last resort by the court when the child’s health and well-being are threatened by a pattern of substance abuse.

Under Texas law, a parent’s rights may be involuntarily terminated if his or her child is born addicted to alcohol or drugs. The court can also terminate a parent’s rights if he or she does not participate in counseling after endangering the child’s well-being through substance abuse, or if he or she continues to endanger the child after receiving treatment. If you are under investigation by Child Protective Services (CPS) for child endangerment, be sure to have a skilled family law attorney. It is much easier to prevent termination of parental rights than it is to get them back once they have been terminated. 

Participating in Rehab as a Parent in Texas

After a parent’s rights have been terminated due to drug or alcohol abuse, he or she must make a commitment to seek treatment in order to re-establish parental rights. This may involve attending counseling, going to rehab, and generally staying clean of alcohol or drugs. 

If you are participating in treatment for substance abuse, keep records of your time in counseling, rehab, and other treatment programs like Alcoholics Anonymous. This can serve as valuable documentation to show your ongoing commitment to sobriety.

Regaining Parental Rights Post-Treatment

You can only petition to have your parental rights restored once two years have passed since your responsibilities were terminated, and only if the petition was filed by DFPS – not by another individual, like your child’s other parent. Moreover, you cannot have your rights reinstated if the child has already been adopted or is currently being adopted. The court will also consider whether the arrangement serves the best interests of the child. If the child is older than 12, he or she must give consent to the reinstatement of your rights and the possibility of living with you again. 

When considering whether or not to reinstate your parental rights, the court will look to see if you have made an effort toward rehabilitation and whether any safety concerns have been addressed. Our family law attorneys can represent you in a custody hearing, arguing for your suitability as a parent.

Contact a Denton, TX Child Custody Lawyer Today

At The Law Office of Linda Risinger, we can help you petition to regain custody of your child after receiving treatment for substance addiction. To set up a free consultation with our Denton County, TX family law attorneys, call us at 972-294-6533 today.