I have had my children for 9 mo and no relatives came forward until it was thought the mothers rights would be terminated. Now a court date was set to see if the children would be moved from my home to the relatives home, do I have any chance of keeping these kids if rights are terminated.
2007-01-27 13:46:11 · 5 answers · asked by ulrichrcb 1 in Family & Relationships ➔ Family
Depending on the state you live in, I'm sure you have a chance. Remember your already approved since you are a foster parent and you have an established relationship with the children. Worker's have to place with approved relatives if there are any but normally once a mother's parental rights are termained, then the criteria changes to "What is the Best interest of the children". Since you have had the children for 9 months I would assume they have adjsuted well with you/your family. Of course relatives are always preferred and those of us placing kids have to go to extrodinary efforts to place with suitable relatives, but I guess the biggest question is....where has this relative been for the last 9 months? My guess is that they haven't seen the children in at least 9 months. They should have stepped up when the children first needed care. Consult with the children's Atty who is most familiar with this abuse and neglect cases, and try to get their recommendation--to better prepare you. Normally moves can't be done unless there has been a home study (that has been approved). Be sure to go to the hearing.
Don't create waves with your worker, but advocate strongly for concern of stability, another move of the children, whether the relatives have a relationship with the children and depending on the ages of the children the preference of the child. Seeking a therapist if they are not already involved with one would be helpful too. The therapist could become an advocate for the best interest of the child as well.
It is at times heartbreaking for the worker's too, when situations like this come up, because the child was in an unsafe envionrment, and now are facing another move.....Sometimes considering the additional stress on the children is a focal point and the Judge will often follow the recommendation of the caseworker. Good Luck
2007-01-27 14:07:41 · answer #1 · answered by Kelly 3 · 0⤊ 0⤋
I hate to say this but no, look thru the contract you signed when you became a foster parent, it's all there, if you do decide to fight this you will most likely not be allowed to foster again, but when the mom gives up rights you can partition the court for custody, talk to the worker that placed the children with you, you really need them on your side, that is a must without them there is little hope, i'm so sorry for you, you will be in my prayers
2007-01-27 14:30:53 · answer #2 · answered by melissa s 6 · 0⤊ 0⤋
It would depend on how fit the relatives are who came forward, their relationship with the children and how the judge perceives the situation. It could truly go either way.
2007-01-27 21:59:26 · answer #3 · answered by wisegirl1204 3 · 0⤊ 0⤋
That's definitely an issue an attorney will help you resolve. I'd get one quick.
2007-01-27 13:57:42 · answer #4 · answered by restless_nymph 3 · 0⤊ 0⤋
contact a lawyer.
2007-01-27 13:55:47 · answer #5 · answered by mamabear 6 · 0⤊ 0⤋