Can full custodial rights be reinstated after being terminated?

Question

Read a case of a guy who was falsely accused of murder. His rights to his kids were terminated during a divorce proceeding while his charges were pending (I take this to mean his wife received full legal and physical custody, but maybe “terminated” actually means terminated). He was found guilty, served two years, and was exonerated at appeal because the prosecutor hid exculpatory evidence. Now he wants his kids back. Questions: How can the government terminate parental rights while charges for a crime are *pending*? Shouldn’t such a thing require a substantial burden to occur, a burden greater than simply the fact that there are pending criminal charges? Why does he have to jump through legal hoops to do this, you’d think it’d be reinstated at default? Is there a difference between giving up custody of his kids and terminating his right to them? Can he realistically get his rights reinstated if they were indeed terminated?

Answer 1

If he actually had his rights terminated this would have required a hearing/trial or his agreement to the termination. The burden of proof for such hearing is lower than criminal proceedings, however. So it is very plausible that a defendant can be acquitted in a criminal proceeding but have his parental rights terminated in a dependency proceeding. If, on the other hand, his rights were not terminated but, rather, full custody was given to the mother during family law proceedings then he should be in a position, following his acquittal, to petition the court for some form of custody.