What rights to family memebers have over a child in foster care?

Seeking guardianship of my niece and visitation rights until then. Father is out of the country, children taken from mother's custody. She has been a foster home for over a year, foster parents want to adopt her, social workers are saying it is too late for family to intervene.

8 Answers

  • 1 decade ago
    Favorite Answer

    1st option for placement of a child is with an acceptable family member. You might ask why the child was not placed with you in the first place? It is never to late fo the family to intervene.

    Talk to a lawyer, then the placement judge.

  • 1 decade ago

    Generally, the state tries to find out if a family member can care for the child before putting the child into foster care. In my state if a child is in foster care and no family comes forward by the time a year has passed the child may be considered "abandoned", which is grounds to terminate all parents rights and place the child for adoption. Normally, when a child is in foster care the state has "temporary guardianship" until it is decided whether that will become permanent or whether the child may be returned to the parent(s).

    Usually, if an aunt comes forward to ask about taking the child the state will have a social worker talk with the aunt and then make a recommendation to a judge. It would seem to me, however, that as an family member you could get an attorney and see if you may be able to assert your blood ties to the child

    I suppose what states have in mind when making laws about something like the year's time the reasoning may be that if someone didn't care enough to come forward when the child needed a home it may be that they may be more interested in not seeing the parent(s) lose their child forever than they are in really caring for the child.

    You have a right to get an attorney to try to do something. While you may have no particular rights, the state may believe the child has a right to see her extended family if they think there's no reason she shouldn't.

    I am very, very, close to a situation like yours - only on the adoptive family side. It must very a horrible thing for you to know your sibling's child is in foster care and may be adopted; but if it helps you any, this doesn't mean you'll never see the child again.

    Also, if you could only imagine how close foster parents and a child can become and if you could only imagine how it is very possible for adoptive parents to love a child as much as if they had given birth to that child, maybe you wouldn't view this as such a bad thing.

    Your little niece apparently was let down by her parents in some way that was bad enough for her to be put in foster care. Her father left the country somewhere along the way, and her mother must have done something that the state saw as unfixable and hopeless as far as her ability to care for your niece goes. If she has been with the foster parents for over a year and has come to feel really loved and cared for and happy and close to them (after, probably, they had some pieces to pick up when it came to her emotional state) you have to consider that this may really be what's best for her and what she deserves after apparently a rough start.

    Call an attorney who will give you a half-hour consultation without charging you, and if you don't like what that one says, call another one. You probably have a right to try to get a judge to listen to you. The social workers aren't necessarily the ones who have final say (although their recommendations carry weight).

    If nothing works for you please try to be happy that the little girl can be happy and safe and well cared for and loved. She didn't do anything in this world to deserve less than that; and although its unfortunate and horrible for her biological parents to lose their child this way, the fact is they did do something to cause it.

    Someone who answered said both parents have to agree if she is to be adopted. That isn't true. The state goes through the process of temporary short-term, temporary long-term, and then permanent custody. After going through the process they may or may not try to have the parental rights terminated by a judge, and so a judge can terminate parental rights and free the child for adoption.

  • 1 decade ago

    Were you ever approached about this before? There is a reason why the Social Worker is saying this - are there any other issues or concerns that could be more harmful if she were placed in your care?? If not definately - get a free consult from a lawyer - if you can not afford a lawyer - you can go to the courthouse - family division and ask how to go about having her placed with you (you probably have to file papers - they will give you the forms and instructions - and let you know the deadlines and fees for filing) If you do not understand some of the paperwork - the courthouses usually have law libraries that you can do research in for help with the wording of certain cases etc..)

  • Anonymous
    1 decade ago

    NOT true, unless the child has already been formally adopted. Seek legal advice immediately!

    Would the child be better off being adopted in a loving home? Why was the child removed to begin with? Think in terms of the child's best interest; don't be selfish, be thoughtful.

    There are various ways to forestall this and to delay an adoption and only an attorney who specialized in Family Law and adoption issues and such matters knows how to do this via petitions and briefs... get a bona fide attorney immediately.

    It ain't over 'til it's over! Make sure that you're acting in the child's best interest... or you may have your conscience to deal with for a very long time.

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  • 1 decade ago

    If you can afford it get a lawyer. It shouldn't be too late. Most of the time CPS try to find family members to take the children. You could also take a foster care class if necessary. A lot of court houses have papers you can file yourself and sometimes you can get a fee waiver. Good luck

  • 1 decade ago

    Seems odd to me that social worker is saying it's too late for you...usually they want the kid with family. Go to a lawyer, the consultation is normally free.

  • beez
    Lv 7
    1 decade ago

    To adopt her, both parents have to agree. If you can afford it, go get a consultation with a lawyer who specializes in family law.

  • Anonymous
    4 years ago

    im so sorry too listen ,ive went throu a similar difficulty in simple terms no kin help the first difficulty you want to do is on your first courtroom date ask for a sparkling case worker in the adventure that they dont make your oppointments rfile them dont ever miss a visit and maximum important difficulty get your own legal professional not courtroom oppointed

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