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I'm afraid CPS is going to take my sister's kid. She is a hypochondriac and today at the doctor tested positive for barbituates and marijuana. Her husband is not a user and takes wonderful care of the child, but is fighting lymphoma.

If CPS should try to put her son in foster care, what are my chances of getting custody? I don't want to lose him to the system, but my husband and I only have a 2 bedroom home and 2 daughters of our own...

2006-11-03 08:06:11 · 11 answers · asked by Jennifer F 6 in Family & Relationships Family

Would I be able to get custody is my question- I know they have certain qualifications as to how many bedrooms per kids, etc.. and my home I'm afraid is not large enough and we can't afford to move

2006-11-03 08:10:06 · update #1

11 answers

I live in Australia and have had a lot to do with child services. Over here they would much prefer to put a child with family than in foster care. They actually go to great lengths to see this happen rather than foster care. I also think because there are not a lot of foster carer's these days, that Child services would be happy to look at alternatives, especially if the child is to be with family. You may have a 2 bedroom home, but what about bunks, could your daughters share a room for a little while? Could you convert another room into a bedroom? I think you have an excellent chance at custody, but then again, I am only going by my experiences with child services in Australia and I dont know what the law is over there pertaining to this. I would assume, however, that it would be very similar to here because studies have been carried out and it has been proven that children are far better off with family than in foster care.

Good luck

2006-11-03 09:44:05 · answer #1 · answered by rightio 6 · 0 0

Generally, CPS will try to place a child with a relative before putting the child into 'the system.' It is less traumatic for the child to be a little uncomfortable with a relative (meaning living space), than living in her own room with a complete stranger.
I would say that your chances of gaining custody of her, should CPS get involved are pretty good.
If you are really that concerned, consider asking your sister and her husband if you could help out by taking the child under the condition that she cleans up her act.
You could do an intervention and force her into rehab ... one of those things where you show up and say, either you go to rehab on your own, or we involve the police and the courts.
Consider involving her husband, if you think he would go for the rehab option and the extra help with the child.

2006-11-03 08:35:20 · answer #2 · answered by ? 2 · 0 0

well I've had experience with child custody so maybe i can help. i was taken from my bio mom when i was 15 1/2 I'm now about to be 20 on the 1st of DEC.

1. In order to even b considered there are qualifications such as a back ground check. this is the number one topic the state will look @ before you are even considered. you must not have heavy criminal activity on your name.

2. Then there is financial, the question is will you be able to provide for this child

3. then of course living conditions. it's not so much having their own room but they have too have a bed. ( i shared a room with other foster girls in the home. adoption shouldn't be any diff.)

these are the top three topics you must qualify for too just be considered. then the process will go from there.
I'm so sorry too hear about this unfortunate situation and the best luck to you and your family. i wish someone would have took me in as you want to for this child. my heart smiles to know you want to keep this child in the family. a child lost amongst strangers, it's not pretty.

2006-11-03 08:33:03 · answer #3 · answered by baba where art thou 4 · 0 0

depending on the state you live in. In florida per the state a child over the age of 4 must have their own room unless there sharring with a child of the same sex no older then 2yrs of the main child.
In english if your 2 girls are around the same age they can share a room and your sisters son would get his own room.
Most child services will do they're best to place the child with family so you have an 80% chance good-luck

2006-11-03 08:37:16 · answer #4 · answered by linznac 1 · 0 0

you may qualify. But its hard. Mostly likely he will be put in the system, and if you want him, you will have to enroll in foster parent classes. In order for him to be placed with you, i dunno about the state laws whereyou are but I was an interstate compact case, I was in the custody of arkansas AND new york because my aunt did the same exact thing you are wanting to do.
Luckily they were building a house at the time and were able to meet the qualifications, such as, I had to have my own room, WITHOUT locks on the door.
you can try and talk to your sister to make it easier in the long run, (my mom was a drug addict as well, now recovered thank god)
but my aunt tried for years to try and convince my mom to give her custody of me and my mom wouldn't.
My advice, get her and the father to voluntarily sign over her rights to YOU. way before cps tries to take him. if they dont, then most likely its going to be a long drawn out process and it will get harder and harder. It took probably about a year for my aunt to get me and by then I had already been in tons of group homes, temporary placements moving around every 2 weeks and in at least 6 different schools, the people that I met, saw and learned screwed me up even worse by the time I got to my aunts.
i really hope it works out for you. What my aunt did was probably the best thing in the world for me. congrats for being such a good sister and aunt!

2006-11-07 02:51:24 · answer #5 · answered by cawfeebeanz 4 · 0 0

You should be able to get custody if you dont have anything wrong with you,charges agaist you,or on drugs.Atleast thats how it works here in Logan WVa anyway.

2006-11-03 12:29:31 · answer #6 · answered by Kristy V 2 · 0 0

Your chances and rights are 100% probable.But don't be a martyr and think that you're the savior.Believe in your sister and help her through these troubled times.

2006-11-03 08:32:06 · answer #7 · answered by baldbychoice1970 2 · 0 0

you should try for custody. at least she would be with family and that would give your sister insentive to get better. tough spot for your whole family. good luck to all of you

2006-11-03 08:16:47 · answer #8 · answered by robkim04 3 · 0 0

you should probably try and get custody before they take the child.

2006-11-03 08:08:29 · answer #9 · answered by misslovely 2 · 0 0

they will let her call a family member before anything. make sure sheknows that you are willing to take them at anythime...i know my sister is strung on anything...my mom gets them everytime....

2006-11-03 13:42:05 · answer #10 · answered by Anonymous · 0 0

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