Besides being an attorney, I am also a parent. As a parent, I can say that the love we have for our children knows no bounds. This is why the process of losing and regaining custody of a child is deeply emotional.
Children can be temporarily removed from their parents’ care if the parent is no longer able to maintain the child’s basic needs. This usually occurs when the parent is dealing with a crisis – such as a drug or alcohol addiction, relapse, mental health struggle, poverty, or unforeseen medical condition.
On top of their own journey to recovery, parents who have lost custody of their child(ren) have the added pressure of navigating a complex legal process.
So, it is no surprise that most parents in these difficult situations wonder: “Is it hard to get custody back?” “How long does it take for a parent to get custody back?”
I know you aren’t just looking for vague hope. Here are clear, actionable steps that can help you understand and overcome the challenge you face.
The first thing that happens after losing custody
When children are removed from a parent’s custody, it starts a clock.
During the actual removal, it is important the parent does not confront the State’s child protective services (CPS) workers or any foster parents that may be involved.
Remember: These people are doing their job, and any sort of confrontation can seriously hinder a parent’s credibility regarding their ability to provide a safe and nurturing home.
Instead, within a few days of children being removed, parents should begin gathering documentation about their lifestyle, showing that they can be trustworthy and dependable.
Within a week, an judge will usually hold an emergency hearing, where they will determine whether the removal of the child(ren) was justified and whether the child(ren) can be safely returned home.
A parent may be provided with an attorney or can represent themselves. But if regaining custody is the goal, the parent should always assert their desire to reconnect with the child(ren) whenever possible, especially when given the opportunity in court.
Case plans and the “best interests of the child” standard
Usually within a month of the emergency hearing, the State can present its case and the parent will have the chance to present evidence as to why they should regain custody.
From what I have seen, courts will generally issue a case plan or a reunification plan at this time, laying out steps the parent must go through before their child(ren) can return home.
Courts are fundamentally concerned with ensuring each child is in the best possible environment for security and growth. As a legal professional with experience in family law, I have consistently seen the “best interests of the child” standard upheld as the golden measuring stick by which courts evaluate and allocate custody.
This standard takes into consideration various factors influencing whether a child can succeed in the home, including:
- The child’s safety and well-being
- Parental capacity to provide food, shelter, education, and emotional support
- Emotional ties between the child and parent, as well as sibling relationships and continuity in family connections
- Ability to maintain a routine
- Any history of substance use or failure to comply with previous court orders
- Whether the child has a preference for living at home (depending on the child’s age)
A reunification plan focused on the child’s best interests will take all of these factors into account.
Accordingly, a reunification plan can take several months or even years to complete.1 Much depends on the reason custody was lost, how thoroughly the parent addresses those issues, and how well they can document consistent, meaningful progress.
If, for example, a parent is dealing with alcohol use disorder (AUD), they can use an alcohol monitoring system like BACtrack View to document their sobriety.
The importance of full participation and consistency
If you are the parent in this scenario, you must fulfill a number of requirements. These may include:
- Completing treatment plans
- Regularly attending counseling or anger management courses
- Securing housing and employment
- Having unannounced home visits
My biggest advice is this: fully participate and be genuine. Parents who work closely with the State, court-appointed special advocates (CASA), and attorneys are generally more likely to complete the reunification plan and regain custody, than those who defy the guidelines.
Parents must also not be afraid of using the resources available to them at this time.
I have witnessed the State go to great lengths to help mothers and fathers regain custody of their children. Even going so far as to provide rides to and from court hearings. But this only occurred when the parents showed a genuine desire to better themselves.
Again, the process is designed to showcase the fundamental values of parenting: love, generosity, selflessness, work ethic, integrity, and sincerity.
I will not lie and say that regaining custody is easy, but it is entirely possible. Especially when the parent is proactive, transparent, and committed to meeting all court-imposed conditions.
Custody restoration happens gradually
Even when the court is satisfied with the parent’s progress on the reunification plan, regaining custody typically doesn’t happen overnight.
Most custody restorations follow a gradual, step-by-step approach. Courts may begin with supervised visitation, then move to unsupervised visits, overnight stays, and eventually shared physical custody.
In some cases, full custody is restored, but only after the parent has demonstrated reliability and consistency over time. This phase may span three to twelve months, depending on the circumstances and how well the parent adheres to the court’s expectations.
How long does it take for a parent to get custody back? The bottom line
Ultimately, there is no one-size-fits-all answer to how long it takes to regain custody.
The process depends on 3 factors:
- The individual’s circumstances
- The nature of the original custody loss
- How effectively the parent demonstrates change.
But with patience, discipline, and support, many parents successfully navigate the process and ultimately reunite with their children.
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